Shafiq Alam @ Mister v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22464 of 2024 Arising Out of PS. Case No.-74 Year-2023 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Shafiq Alam @ Mister S/o Late Alibaksh R/o Mohalla - Islampur, P.S. - Muffasil, Dist. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abdul Mannan Khan, Advocate :

Mr.Hafiz Shahbaz Arif, Advocate :

Mr.Allama Abdul Quadir Jamal Faridi, Advocate For the Opposite Party/s :

Mr.Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mufassil P.S. case No. 74 of 2023 instituted for the offences under Sections 419, 420, 467, 468, 471 and 34 of the Indian Penal Code.

3. Prosecution case, in short, is that the accused persons got the truck released on the basis of producing fake release order.

Patna High Court CR. MISC. No.22464 of 2024(2) dt.02-04-2024 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired on the basis of confessional statement of the coaccused. The allegation against the petitioner is that truck in question was taken to his junk shop (kabadi shop) where he cut the truck into pieces and thereafter sold the same. Learned counsel further submitted that petitioner has no concern with the truck in question. There is no material against this petitioner except the confessional statement of the co-accused person. No incriminating article has been recovered from the conscious possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.01.2024 and has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the 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 Court

Patna High Court CR. MISC. No.22464 of 2024(2) dt.02-04-2024 3/3 below/concerned Court in connection with Mufassil P.S. case No. 74 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T