Md. Sahjad Alam @ Shahzad Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17336 of 2025 Arising Out of PS. Case No.-324 Year-2024 Thana- BHAGWANPUR District- Vaishali ====================================================== Md. Sahjad Alam @ Shahzad Alam S/o- Md. Harin @ Md. Haroon MohDargah Road Madai Patthar ki Masjid Ps- Patel Nagar Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prabhat, Adv.
For the Opposite Party/s :
Mr. Tapeshwar Sharma, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seek bail in a case instituted for the offence under Section 309(4) of B.N.S.
3. As per the prosecution case, four unknown miscreants are stated to have looted a truck which was loaded with TMT bars.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case as he was not even named in the FIR. His name has surfaced in the confessional statement of the co-accused namely Kundan Kumar. He further submits that no incriminating article was recovered from his conscious possession rather, the same was recovered from a premises owned by a person namely
Patna High Court CR. MISC. No.17336 of 2025(4) dt.16-07-2025 2/3 Zeeshan Khan, who happens to be the proprietor of the alleged firm. It is next submitted that one co-accused namely Upendra Kumar who is similarly situated and also an employee of the said construction company like the petitioner, has been granted bail by the Co-ordinate Bench of this Court vide Order dated 17.03.2025 passed in Cr. Misc No. 14433 of 2025. Lastly, it has been submitted that the petitioner has clean antecedent and is in custody since 28.11.2024.
5. Learned APP for the State vehemently opposed the prayer of bail of the petitioner and stated that the petitioner was apprehended along with the stolen TMT bars.
6. Considering the aforesaid submissions and taking into account the period of custody, let the petitioner, above named, be enlarged on bail, upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/concerned court, in connection with Bhagwanpur P.S. Case No. 324 of 2024 subject to the following conditions:
a. One of the bailor of the petitioner shall be his close relative.
b. The petitioner will remain physically present in
Patna High Court CR. MISC. No.17336 of 2025(4) dt.16-07-2025 3/3 Court on each date of the trial.
c. In case of absence on two consecutive dates, or in violation of the terms of the bail and if the prosecution is found involvement of the petitioner in similar nature of offence, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
d. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step of cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) Siddharth Soni/- U T