Saud Alam @ Md. Saud Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32911 of 2025 Arising Out of PS. Case No.-39 Year-2021 Thana- GARVANDANGA District- Kishanganj ====================================================== Saud Alam @ Md. Saud Alam S/O Khairullah @ Md. Kharuillah Resident of village - Maltola, P.S. - Garbandanga, District - Kishanganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 22-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 394, 397 of the Indian Penal Code.

3. According to the prosecution case as disclosed in the First Information Report the informant was going on his motorcycle when three persons chased him and one of them opened fire causing injury on his thigh and the accused persons fled away after looting silver jewelry and also some cash.

4. Learned counsel for the petitioner submits that the FIR was lodged against unknown and the name of the petitioner has transpired during the course of investigation in the confessional statement of co-accused Irshad Alam. It has further been submitted that there is no recovery from the petitioner and

Patna High Court CR. MISC. No.32911 of 2025(2) dt.22-05-2025 2/3 the petitioner has also not been put on Test Identification Parade. It is further submitted that the looted silver ornaments were rather recovered from a jewelry shop of co-accused Vijay Kumar Karamkar and the order of the learned court below would go to show that the co-accused Vijay Kumar Karamkar has already been granted bail by the learned court below. It is submitted by the learned counsel for the petitioner that the petitioner has only been made an accused in this case as he has criminal antecedent of six cases. However, the petitioner is on bail in all the cases. The petitioner is in custody since 11.02.2025 and the charge-sheet has been submitted.

5. Learned APP for the State has opposed the application for bail.

6. Considering the facts and circumstances the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Garbandanga P.S. Case No. 39 of 2021, subject to the conclusion that:

(I) One of the bailors would be the family member or relative.

Patna High Court CR. MISC. No.32911 of 2025(2) dt.22-05-2025 3/3 (II) The petitioner would appear physically on each and every date in the learned court below till the framing of charge.

(Soni Shrivastava, J) devendra/- U T