Patna High Court – Orders
Md Ibrahim @ Ibrahim Mansoori vs The State Of Bihar on 2 July, 2025
Author: Khatim Reza
Bench: Khatim Reza
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 20486 of 2025
Arising Out of PS. Case No.-156 Year-2024 Thana- MAJORGANJ District- Sitamarhi
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1. Md Ibrahim @ Ibrahim Mansoori, male, aged about 45 years, S/O Md.
Ismaiyl @ Ismail Mansoori, resident of village- Basbitta, Ward no.- 12, P.S-
Majorganj, District- Sitamarhi
2. Md. Sadre Alam @ Sadre Alam, male, aged about 30 years, S/O Takir
Husain @ Takir Husain Shah @ Tahir Hussain Sha @ Tahir Hussain Shah,
resident of Village- Raghunathpur, Ward No.- 9, P.S.- Majorganj, District-
Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Shankar Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 02-07-2025
Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners apprehend arrest in connection with
Majorganj PS Case No.156 of 2024 dated 02.05.2024, instituted
under Sections 399, 402, 414, 333, 353, 307 of the Indian Penal
Code, Sections 25(1-B)a, 26, 27 and 35 of the Arms Act and
Sections 8, 20(b)(ii)C of the Narcotic Drugs and Psychotropic
Substances Act.
3. The prosecution case, in brief, is that on the alleged
date of occurrence the informant, who is a Police Officer, got
secret information about the presence of miscreant Shyam
Patna High Court CR. MISC. No. 20486 of 2025(3) dt.02-07-2025
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Pandey with other miscreants in the bamboo clump and he
proceeded for the place of occurrence. On seeing the police
force, three persons fled away and two persons started firing on
the police force. Accused Shyam Pandey was apprehended and
he disclosed the name of other persons including the petitioners,
who managed to flee away. On search, a pistol with live
cartridges, cash, mobiles phones were recovered from the
possession of apprehended accused Shyam Pandey. It is also
alleged that 1200 grms. Charas like substance was recovered
from a plastic bag which was hanging on the handle of the
motorcycle bearing registration no. BR 05H 756. Accordingly,
seizure list was prepared and formal FIR was drawn.
4. Learned counsel for the petitioners submits that the
petitioners have been made accused only on the basis of
confessional statement of apprehended accused Shyam Pandey,
who was apprehended at the spot. It is further alleged that from
the place of occurrence 1200 grms. Charas like substance was
recovered from a plastic hanging on the handle of the
motorcycle bearing registration no. BR 05H 7567 apart from a
country made pistol from the possession of Shyam Pandey. It is
further submitted that nothing has been recovered either from
conscious possession or from the house of the petitioners.
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Learned counsel further submits that except confessional
statement of the apprehended accused there is no material
available in the case diary. Further submission is that the prayer
of the petitioner for anticipatory bail has been rejected by the
learned Court below only because the petitioners have criminal
antecedents. Lastly, it is submitted that five cases each are
pending against both the petitioners.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioners 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 the
learned Sessions Judge cum Special Judge, NDPS Act,
Sitamarhi, in Majorganj PS Case No.156 of 2024, subject to the
conditions laid down in Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023, and further (i) that the
petitioners shall co-operate in the trial and shall be properly
represented on each and every date fixed by the Court and on
their absence on two consecutive dates without sufficient
reason, their bail bonds shall be cancelled by the Court below,
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(ii) that one of the bailors will be their own blood relation,
preferably father, mother, brother, sister and or his wife, (iii) that
the bailors shall also state on affidavit that they will inform the
court concerned if the petitioners are made accused in any other
case of similar nature after their release in the present case and
thereafter the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of misuse, (iv)
that if the petitioners tamper with the evidence or the witnesses,
in that case, the prosecution will be at liberty to move for
cancellation of bail and (v) that both the petitioners shall appear
before the SHO of their local PS within one week from the date
of furnishing bail bonds in the Court below along with a copy of
this order and thereafter shall appear every fortnightly before the
SHO to mark their attendance till the framing of the Charge in
the trial Court.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T