Aslam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13350 of 2025 Arising Out of PS. Case No.-535 Year-2024 Thana- RAMNAGAR District- West Champaran ====================================================== Aslam Hussain S/O Merajul Haque Resident of village- Jhitkanhiya, P.SAdapur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Ramnagar P.S. Case No. 535 of 2024 registered for the offences under Sections 317(2), 317(4), 112 and 3(5) of the B.N.S.

3. As per prosecution case, police received information about two persons moving suspiciously around an ATM of SBI. Both persons were apprehended and one of them is the present petitioner and from the possession of this petitioner, recovery of 24 ATM cards were made. From coaccused Satish Kumar, 25 ATM cards were also recovered.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been

Patna High Court CR. MISC. No.13350 of 2025(2) dt.07-03-2025 2/3 falsely implicated in this case. There is no specific allegation against the petitioner for committing any offence. No complaint has been lodged against the petitioner for cheating anyone. The petitioner is having antecedent of one case but the said case is not of same nature. Petitioner is in custody since 20.11.2024 and charge-sheet has been submitted.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner as well as submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bagaha, West Champaran/concerned court in connection with Ramnagar P.S. Case No. 535 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on

Patna High Court CR. MISC. No.13350 of 2025(2) dt.07-03-2025 3/3 each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

It is made clear that if the petitioner is found involved in the same type of offence in future, his bail bond would be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T