IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87363 of 2025 Arising Out of PS. Case No.-28 Year-2019 Thana- KIUL District- Lakhisarai ====================================================== 1. Md. Jahir @ Md. Jahid S/O Md. Fakruddin @ Fakruddin Miyan R/O Village- Hakimganj, P.S- Kiul, Distt.- Lakhisarai. 2. Md. Gulfam @ Md. Gulfan S/O Md. Halim @ Md. Halim Miyan R/O Village- Hakimganj, P.S- Kiul, Distt.- Lakhisarai. ... ... Petitioners Versus 1. The State of Bihar 2. Shabra Khatoon (Imaginary name) D/o Abbash Malik (Imaginary name) At Hakimganj, P.S. - Kiul, District - Lakhisarai. ... ... Opposite Parties ====================================================== Appearance : For the Petitioners : Mr. Niraj Kumar, Advocate For the State : Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 5 30-03-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioner seeks bail in connection with Kiul P.S. Case No.28 of 2019 registered for the offence under sections 376, 120-B, 504, 34 of the Indian Penal Code and under section 8 of the POCSO Act. 3. The petitioners and others are said to have committed gang rape with the victim. 4. The petitioners are in custody since 08.10.2025. 5. The case was investigated by the police and Patna High Court CR. MISC. No.87363 of 2025(5) dt.30-03-2026 2/2 final form was submitted exonerating the petitioners but the court below differing with the final form has taken cognizance against the petitioners. 6. Considering the fact that the police, upon investigation, has submitted final form exonerating the petitioner and also the period of custody of the petitioners, this bail application is allowed. 7. Let the petitioners, above named, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai / concerned Court below, in connection with Kiul P.S. Case No.28 of 2019, subject to the condition that they will cooperate in the trial and will appear personally or through their advocates on each and every date fixed in the trial. 8. It is clarified that this Court has not expressed any opinion on the merits of the case and the observations made by this Court is only for the purpose of deciding this bail application. pawan/- (Sandeep Kumar, J) U T