Md. Arman Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Md. Arman Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Gurua P.S. Case No. 238 of 2024, subject to the stated conditions (close-family-member bailor; trial cooperation and physical presence on each fixed date, with the bond liable to cancellation on two consecutive unexplained absences).

Issue for consideration

Whether the petitioner, accused under Sections 304 and 317(3) of the B.N.S. in Gurua P.S. Case No. 238 of 2024, should be released on bail.

Court's answer

After hearing both sides and considering the facts and circumstances and the period of custody, the petitioner is released on bail in connection with Gurua P.S. Case No. 238 of 2024 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court.

Ratio / Principle

Condition (i) of the bail grant: one of the bailor(s) shall be the own/close family member(s) of the petitioner.

Key takeaways

Condition (ii) of the bail grant: the petitioner shall cooperate in the trial, be properly represented on each and every date fixed by the court and remain physically present as directed; in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.ratio¶25

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 747 of 2025, decided 21-01-2025 (Rudra Prakash Mishra, J.): Bail granted to petitioner Md. Arman s/o Md. Habib @ Md. Hadik in connection with Gurua P.S. Case No. 238 of 2024, District Gaya, instituted for offences under Sections 304 and 317(3) of the B.N.S. Per the prosecution case, the accusation against the petitioner along with co-accused Vikash is of snatching the informant's chain and earring. Counsel for the petitioner argued that the petitioner was innocent and implicated merely on suspicion, that nothing incriminating was recovered from his conscious possession (the gold chain having been recovered from co-accused Vikash Yadav), that no Test Identification Parade was conducted, that there was non-compliance of Section 103 of the B.N.S.S., that the petitioner had one criminal antecedent, and that he had been in judicial custody since 23.07.2024; charge-sheet had been submitted. The learned A.P.P. opposed the bail prayer. The Court, taking into account the entire facts and circumstances and the period of custody, released the petitioner on bail on bonds of Rs.10,000/- with two sureties of the like amount each, conditioned on: (i) one bailor being the petitioner's own/close family member; and (ii) cooperation in the trial with proper representation and physical presence on each date fixed by the court, the bail bond being liable to cancellation on failure on two consecutive dates without sufficient reasons.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.747 of 2025

Arising Out of PS. Case No.-238 Year-2024 Thana- GURUA District- Gaya

======================================================

Md. Arman S/O Md. Habib @ Md. Hadik R/O Mohalla- Karimganj, P.S.Civil Line, Dist.- Gaya.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Tabish Sharfuddin, Adv. For the Opposite Party/s : Mr. Uday Chand Prasad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 21-01-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Gurua P.S. Case No. 238 of 2024 instituted for the offences under Sections 304, 317(3) of the B.N.S.

As per prosecution case, the accusation against the petitioner along with co-accused Vikash is of snatching Informant’s chain and earring.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. He further submits that nothing incriminating has been recovered from the conscious

Patna High Court CR. MISC. No.747 of 2025(2) dt.21-01-2025 2/3

possession of the petitioner. The recovery of gold chain has been made from the possessin of the co-accused Vikash Yadav. No Test Identification Parade has been conducted in this case. The petitioner has no concern with the alleged occurrence. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent and is languishing in judicial custody since 23.07.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gurua P.S. Case No. 238 of 2024, subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall

Patna High Court CR. MISC. No.747 of 2025(2) dt.21-01-2025 3/3

be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J)

rishi/-

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