Navi Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35926 of 2025 Arising Out of PS. Case No.-49 Year-2024 Thana- KESARIA District- East Champaran ====================================================== Navi Alam S/o Hamid Miya @ Mishraili Miya @ Mishrali Sahab R/o Vill.- Shiswa Patna, Ps- Keshariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kesariya P.S. Case No. 49 of 2024 instituted for the offence under Section 392 of the Indian Penal Code.

3. Prosecution case in short is that informant was robbed of Rs. 16,500/- and a mobile by three miscreants.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03-09-2024. Petitioner bear two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5. It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.35926 of 2025(2) dt.20-06-2025 2/3 case on the basis of suspicion. Petitioner is not named in the FIR. The name of the petitioner has transpired in this case in course of investigation. Nothing has been recovered from the possession of the petitioner. Petitioner was not even put on T.I. Parade. Police after completion of investigation has submitted charge sheet in this case. Learned counsel for the petitioner again submits that the co-accused persons have been granted bail by this Court vide order dated 10.04.2025 passed in Cr. Misc. No. 2541 of 2025.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, charge sheet being submitted and the prayer for bail being based on parity, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner 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 Court below/concerned Court in connection with Kesariya P.S. Case No. 49 of 2024, subject to the following conditions:

(i) One of the bailors shall be own/close member of the

Patna High Court CR. MISC. No.35926 of 2025(2) dt.20-06-2025 3/3 family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) rishi/- U T