Md Firdos Alam @ Firdos @ Firdosh Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36582 of 2024 Arising Out of PS. Case No.-142 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Md Firdos Alam @ Firdos @ Firdosh Alam Son of Md. Daud @ Daud Resident of Village - Gaiyari, Ward no. 05, PS - Araria,Distt.- Araria. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Ziaul Quamar For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Kochadhaman P.S. Case No. 142 of 2023 dated 10.06.2023 registered for the offences punishable u/ss 461 and 379 of the Indian Penal Code.
3. As per the prosecution case, unknown miscreants are alleged to have committed theft in Panchayat Sarkar Bhawan and stolen two pieces of table fans, eight pieces of library chairs, two pieces of solar light with battery, one piece of Kent RO water purifier, three pieces of office's chair and a
Patna High Court CR. MISC. No.36582 of 2024(3) dt.11-07-2024 2/3 printer.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. It is further alleged that the petitioner has no concern with the alleged offence. The petitioner has nine criminal antecedents in which three is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 16.10.2023. Co-accused Md. Asif has already been granted bail by a co-ordinate Bench of this Court vide order dated 14.05.2024 passed in Cr. Misc. No. 34451 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, Bihar in connection with Kochadhaman P.S. Case No. 142 of 2023 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date,
Patna High Court CR. MISC. No.36582 of 2024(3) dt.11-07-2024 3/3 failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddu/- U