Sahnur Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34589 of 2025 Arising Out of PS. Case No.-147 Year-2024 Thana- BAISI District- Purnia ====================================================== Sahnur Alam S/o Majharul Haque @ Majaharul Haque @ Majrul Haque R/o Village- Patilwa, P.S.- Kishanganj, District- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satya Prakash Sinha, Advocate For the Opposite Party/s :
Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Baisi P.S. Case No. 147/2024 lodged on 12.06.2024 under Sections 395/397 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the present FIR has been lodged against unknown accused persons on the allegation of committing dacoity.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. It is further submitted that the name of the petitioner has surfaced solely in the confessional statement of a co-accused. No recovery has been made from the possession of the petitioner, nor has he been subjected to a Test Identification Parade. The
Patna High Court CR. MISC. No.34589 of 2025(2) dt.04-06-2025 2/3 petitioner is in custody since 03.01.2025 and is also implicated in three other criminal cases.
5. Learned counsel for the State opposes the prayer for bail and submits that the learned Additional Sessions Judge, while rejecting the petitioner's bail application, observed that the petitioner is a habitual offender and is involved in three other criminal cases of similar nature. Although it is admitted that no recovery has been made from the petitioner and he has not been subjected to a Test Identification Parade, his name has figured in the confessional statement of a co-accused.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of learned CJM, Purnea, in connection with Baisi P.S. Case No. 147/2024, subject to the conditions as laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.34589 of 2025(2) dt.04-06-2025 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
7. The learned court below shall release the petitioner on bail only after framing of charge, if not framed as well as on being satisfied that the petitioner is not absconding in any of the cases as mentioned in paragraph no.3 of the petition as under :-
1. Amour P.S. Case No. 374/2024.
2. Angarh P.S. Case No. 17/2024, and
3. Angarh P.S. Case No. 30/2024.
(Dr. Anshuman, J) Ashwini/- U T