Md. Alamgeer Khan @ Alamgir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24029 of 2026 Arising Out of PS. Case No.-321 Year-2025 Thana- AMAS District- Gaya ====================================================== Md. Alamgeer Khan @ Alamgir S/o Late Md. Gulam Mustafa Resident of Village- Gamhariya, P.S. - Amas, District- Gayaji ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY CAV ORDER 25-06-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Amas P.S. Case No. 321 of 2025 registered for the offence punishable under Section 310(2) of the B.N.S., 2023.
3. The case of the prosecution is that the informant is the driver of the truck. He along with two other persons, namely Shahnawaz and Samim, was going from Kolkata to Hapur (UP) carrying chicken feed in a container worth Rs. 13,80,000/- in the night. After having dinner in a hotel near Kamian Chowk came on their truck and started proceeding. Suddenly a Kia Caren intercepted them. Four to five accused persons got down from the car. They made the informant and his associate captive in the car and brought them towards Immamganj more then they freed
2/4 them near Zindapur Toll Tax, Bodh Gaya. Thereafter, the accused persons fled away leaving the informant and his associates near the truck. When the informant saw the truck, it was empty. It is alleged that the miscreants have robbed the informant of the chicken feed. It is further alleged that they were naming one person Aftab Alam. The informant has also stated that he can identify the miscreants.
4. Learned counsel for the petitioner submits that the FIR was lodged against unknown miscreants. During the course of the investigation, one co-accused, Gajendra Singh, has given his confessional statement, and the name of this petitioner has surfaced in the confessional statement of the co-accused. He further submits that save and except the confessional statement, there is nothing against the petitioner and that no recovery has been made from his possession.
5. Learned counsel for the petitioner further submits that it is not the same container that is alleged to be robbed. The container, which is the subject matter of the robbery, has registration number HR55AJ-8642, whereas the container that has been recovered from the possession of the petitioner has registration number RJ32GB-5478. He further submits that the container is not the same which is alleged to have been robbed
3/4 from the possession of the petitioner. Two mobiles were also recovered, but those mobile numbers do not belong to the informant. He further submits that from perusal of the case diary, it is clear that no TIP has been conducted of the persons while the informant has claimed that he can identify the accused persons. The TIP of the alleged recovered chicken feed was conducted during the investigation, and the same was identified by Azad Hussain, who is the owner of the said poultry feed. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 29.11.2025.
6. Countering this, the learned APP for the State has vehemently opposed the prayer for bail of the petitioner and submits that the learned trial court has recorded in its order that in paragraph 76 of the case of the diary, the petitioner was arrested along with a container having Registration Number RJ32GB-5478 and that it is the same vehicle from which the chicken feed was looted. From perusal of para-76 of the case diary, it transpires that a recovery of a container of a truck was made from the petitioner.
7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is
4/4 inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Sherghati, Gayaji in connection with Amas P.S. Case No. 321 of 2025.
(Ashok Kumar Pandey, J) Sudhanshu/- AFR/NAFR NAFR CAV Date 19.06.2026 Uploading Date 25.06.2026 Transmission Date 25.06.2026