IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60059 of 2025 Arising Out of PS. Case No.-271 Year-2024 Thana- PATEPUR District- Vaishali ====================================================== 1. Israr Ali S/o Momin @ Momin Ali R/o Mohalla- Madapur @ Mandapur, Police Station- Pilkhua, District- Ghaziabad, Hapur, U.P. 2. Firoz S/o Bhure Khan R/o Mohalla- Athsaini, Police Station- Gadh Mukteshwar @ Garh Muthteshwar, Distt.- Ghaziabad, Hapur, U.P ... ... Petitioners Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar S.K., Advocate For the Opposite Party/s : Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 03-09-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in Patepur P.S. case No. 271/24 instituted for the offences under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. 3. Prosecution allegation, in short, is that the three unknown accused persons overtook the vehicle and looted 110 bag Pan Mashala and 66 bags of Cigarette loaded in the vehicle. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been Patna High Court CR. MISC. No.60059 of 2025(2) dt.03-09-2025 2/3 implicated in the present case. The petitioners are not named in the F.I.R. The names of the petitioners have transpired on the basis of confessional statement of co- accused namely Sajid Tyagi who has been granted regular bail by a Coordinate Bench of this Court vide order dated 2.05.2025 passed in Cr. Misc. No. 32657 of 2025. Other co- accused have also been granted bail by a Coordinate Bench of this Court vide dated 07.05.2025 passed in Cr. Misc. Nos. 28547 of 2025 and 29294 of 2025. The petitioners have not been put on Test Identification Parade to ascertain their participation in the alleged occurrence. Charge-sheet has been submitted in this case. The petitioners are in custody since 24.12.2024 and have one criminal antecedent. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Considering the aforesaid facts and circumstances of the case, claim based on parity and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7. Let the petitioners be released on bail on Patna High Court CR. MISC. No.60059 of 2025(2) dt.03-09-2025 3/3 furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Patepur P.S. case No. 271/24. Pankaj/- (Rudra Prakash Mishra, J) U T