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Patna High CourtCR. MISC./19160/2025bail granted

Jahidul Islam @ Noor Jamal v. The State Of Bihar

2025-04-16Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19160 of 2025 Arising Out of PS. Case No.-250 Year-2023 Thana- THAKURGANJ District- Kishanganj ====================================================== Jahidul Islam @ Noor Jamal S/O Abdul Latif Resident of village- Katipada, P.S- Islampur, District- Uttar Dinajpur (West Bengal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar, Adv For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Thakurganj P.S Case No. 250/2023 registered for the offences punishable under Sections 379 of the Indian Penal Code.

3. As per allegation in the FIR, petitioner is alleged to have stolen the Hero Super Splendor motorcycle bearing Registration No. BR-37Z-8182 of the informant when he had parked his motorcycle to get milk from the nearest store.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner's name has been figured due to the confessional statement of the co-accused namely Raisul Haque.

Patna High Court CR. MISC. No.19160 of 2025(2) dt.16-04-2025 2/2 He further submits that nothing incriminating has been recovered from the possession of the petitioner. He further submits that the section in which the charges has been framed is triable by Magistrate. It is also submitted that petitioner is in judicial custody since 16.02.2024 and remanded in this case on 16.02.2024 and has sixteen criminal antecedent.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order dated 19.08.2024, it appears that nothing incriminating has been recovered from the possession of the petitioner and also the fact that the section in which the petitioner has been charged is triable by magistrate and considering the submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM/JMFC in connection with Thakurganj P.S Case No. 250/2023 (Ramesh Chand Malviya, J) Sunnykr/- U