Patna High CourtCR. MISC./17514/2024bail granted

Nesar Alam v. The State Of Bihar

2024-03-14Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17514 of 2024 Arising Out of PS. Case No.-488 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== Nesar Alam S/O Manjar Alam R/O Village- Pujaha Patijirwa, Sheikh Toli, P.S- Srinagar, Distt.- West Champaran.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Kumar Dwivedy, Adv.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Jogapatti P.S. Case No. 488 of 2023, lodged on 20.10.2023 under Sections 447, 448, 380, 411, 413, 414 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against the present petitioner from whose possession, the mobile phone which was subject to theft was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the criminal antecedent of the petitioner is not clean and there is only one criminal case pending against him in which he is on bail. The petitioner is in custody since

Patna High Court CR. MISC. No.17514 of 2024(2) dt.14-03-2024 2/2 21.10.2023 in the present case. Counsel further submits that under a deep rooted conspiracy, the said mobile phone was recovered from the petitioner's possession at the instance of police and his enemies.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Jogapatti P.S. Case No. 488 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T