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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26452 of 2026 Arising Out of PS. Case No.-149 Year-2017 Thana- SAKRI District- Madhubani ====================================================== Phul Hasan @ Phul Babu S/O Late Fajlur Rahman @ Late Fazlu Ansari Resident of Village- Rahika Bazar, Police Station- Rahika, District- Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashad, Advocate For the Opposite Party/s : Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 20-04-2026 Heard Mr.Ashad, learned counsel for the petitioner and Mr.Abhay Kumar, learned Additional Public Prosecutor for the State. 2. The petitioner seeks bail, who is in custody since 19.12.2025 in connection with Sakri P.S. Case No. 149 of 2017, F.I.R. dated 14.11.2017 registered for the offence punishable under Sections 379 and 414 of IPC. 3. The FIR of the occurrence of theft is against unknown. 4. Learned counsel for the petitioner submits that the petitioner was not named in the FIR. The FIR has been instituted against unknown person. The name of the petitioner has been transpired during investigation on the basis of the self-
Patna High Court CR. MISC. No.26452 of 2026(2) dt.20-04-2026 2/3 confessional statement of the petitioner which was recorded in paragraph-31 of the case diary. Learned counsel for the petitioner submits that except the aforesaid, nothing has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and the police, after investigation, submitted the chargesheet against the petitioner on 30.12.2025 and the petitioner is in custody since
19.12.2025. 5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries 09 more cases other than the present one but fairly submits that the petitioner is on bail in all the cases, as mentioned in para-3 of the bail petition. 6.
Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Sakri P.S. Case No. 149 of 2017,with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and
Patna High Court CR. MISC. No.26452 of 2026(2) dt.20-04-2026 3/3 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. (III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Nitesh/- (Rajesh Kumar Verma, J) U T