Md Nasim Alam @ Md Nasim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9267 of 2024 Arising Out of PS. Case No.-469 Year-2020 Thana- SUPAUL District- Supaul ====================================================== Md Nasim Alam @ Md Nasim Son of Md. Moiuddin @ Md Maiuddin @ Mohiuddin Resident of Village and P.O.-Singiawan, P.S.-Kishanpur, Distt.- Supaul, State-Bihar ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Kuldeep Kumar, Advocate For the Opposite Party :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Supaul P.S. Case No. 469 of 2020 dated 04.07.2020, instituted for the offences punishable under Sections 419, 420, 34 of the Indian Penal Code.
3. As per the case of prosecution, the petitioner and several co-accused persons, whose details are mentioned in the FIR replaced themselves with another persons in the physical examination concerned to the selection process of Bihar Home Guard recruitment, however, the said physical examination conducted in Supaul Stadium from 25.09.2019 to 16.10.2019 and the FIR was lodged on 04.07.2020 i.e., after nine months.
Patna High Court CR. MISC. No.9267 of 2024(2) dt.20-02-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. It is submitted that there is no specific allegation against the petitioner and also there is an inordinate delay in lodging the FIR i.e., nine months, which creates serious doubt about the prosecution case. It is further submitted that several similarly situated persons have been granted bail by different co-ordinate Benches of this Court on different dates (Bipin Kumar, Bipin Kumar Thakur, Ranjeet Kumar and Chandeshwar Mandar vide common order dated 28.04.2022 passed in Cr. Misc. No. 49643 of 2021, Yadunandan Kumar vide order dated 08.05.2023 passed in Cr. Misc. 7563 of 2023 and Shriram Paswan vide order dated 13.09.2023 passed in Cr. Misc. No. 56986 of 2023). Lastly, it has been submitted that the petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Supaul P.S. Case No. 469 of 2020, he shall be released on bail upon furnishing bail
Patna High Court CR. MISC. No.9267 of 2024(2) dt.20-02-2024 3/3 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Supaul, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) Shanu/- U T