Julfekar Alam @ Md. Julfkar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27430 of 2025 Arising Out of PS. Case No.-109 Year-2022 Thana- KORHA District- Katihar ====================================================== Julfekar Alam @ Md. Julfkar Alam S/O Shekh Kamruddin @ Kamaruddin, R/O village- Milky Tola, P.S.- K Hat, Dist.- Purnea. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate Mr. Manoj Kumar, Advocate Mr. Pooja Prasad, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Korha P.S. Case No. 109/2022, registered for the offence under Sections 457, 380, 411 of the Indian Penal Code.

3. The accused/petitioner is not named in the F.I.R. and is in custody since 26.12.2024.

4. The allegation against the petitioner is to commit theft in the house of the informant and while committing so, stolen silver anklet of 12 grams and one mobile phone of the informant's son.

5. Learned counsel appearing on behalf of the petitioner submitted that the name of this petitioner

Patna High Court CR. MISC. No.27430 of 2025(5) dt.16-09-2025 2/3 transpired during course of investigation on the basis of confessional statement of co-accused, namely, Md. Akash Raja, where in furtherance of which no incriminating material recovered/surfaced as to connect petitioner prima facie with present crime in question. It is also submitted that the petitioner was not put on TIP as yet. While concluding argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence and, moreover, petitioner found involved in more five criminal cases, where he is on bail.

6. Learned APP opposed the prayer of bail.

7. Considering the aforesaid factual submissions and by taking note of fact as save and except suspicion arising out of confessional statement of co-accused, prima facie nothing incriminating transpires against this petitioner as to connect him with present crime in question, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 26.12.2024, accordingly, petitioner above named, is directed to be released on bail in

Patna High Court CR. MISC. No.27430 of 2025(5) dt.16-09-2025 3/3 connection with Korha P.S. Case No. 109/2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) veena/- U T