Md. Aslam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30496 of 2025 Arising Out of PS. Case No.-71 Year-2024 Thana- BHARGAMA District- Araria ====================================================== Md. Aslam, aged about 24, Male, Son of Md. Mophil, Resident of VillageWard No. 10, Kadmaha, Naya Bhargama, P.S.- Bhargama, District- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bhargama P.S. Case No. 71 of 2024 instituted for the offences punishable under Section 392 of the Indian Penal Code.
3. As per the prosecution case, two unknown persons riding on a motorcycle overtook the informant and his staff and intercepted on the gun point and took away an amount of Rs. 85,770/- along with mobile phone and Tab.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case merely on the basis of mere suspicion. He submits that the petitioner is not named in the FIR. He further submits that neither the petitioner was arrested
Patna High Court CR. MISC. No.30496 of 2025(2) dt.15-05-2025 2/3 at the spot nor incriminating articles has been recovered from the conscious possession of the petitioner. He next submits that petitioner is not put on Test Identification Parade till date. He lastly submits that the petitioner has been made accused only on the basis of confessional statement of co-accused Md. Juber. Petitioner is in custody since 18.02.2025.
5. Learned APP opposes the prayer for bail.
6. From perusal of the FIR and impugned order of the learned 1st, Additional Sessions Judge-cum-Special Judge, Araria dated 17.04.2025, it appears that petitioner is not named in the FIR. From perusal of the records, it appears on the basis of fardbeyan of the informant namely Gautam Kumar, FIR has been lodged under Section 392 of the Indian Penal Code against unknown persons. During investigation the name of the petitioner has been surfaced only on the basis of confessional statement of co-accused Md. Juber. From perusal of the records, it also appears that investigation has completed and chargesheet has already been submitted in this case and no Test Identification Parade has been conducted till date, so consider all these aspects of the mater, I am inclined to grant bail to the petitioner.
7. Accordingly the prayer for bail of the petitioner is
Patna High Court CR. MISC. No.30496 of 2025(2) dt.15-05-2025 3/3 allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st, Class, Araria in connection with Bhargama P.S. Case No. 71 of 2024.
(Ramesh Chand Malviya, J) Anand Kr.
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