Md. Naushad @ Naushad Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48332 of 2024 Arising Out of PS. Case No.-184 Year-2020 Thana- GOPALPUR District- West Champaran ====================================================== Md. Naushad @ Naushad Alam Son of S.k. Sajjad @ Sheakh Sajjad Resident of village - Bela Sheikhtoli, Ward No.- 9, P.S.- Ramgadhwa, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisu Zzoha, Adv.
For the Opposite Party/s :
Mr .Sanjay Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-10-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Gopalpur P.S. Case No. 184 of 2020, lodged on 06.11.2020, under Sections 406, 420 and 379 of the I.P.C.
3. As per the prosecution, F.I.R. has been lodged against one named accused person against whom there is allegation of theft of tractor loaded with sand with a view to sell the same.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the petitioner is not named in the FIR, his name has figured in this case by virtue of confessional statement during
Patna High Court CR. MISC. No.48332 of 2024(4) dt.04-10-2024 2/3 investigation. Counsel submits that nothing incriminating has been recovered from the conscious possession of the petitioner and the petitioner was not put on the Test Identification Parade till date. Counsel further submits that the petitioner has four criminal antecedents and he is in custody since 23.03.2024. Counsel also submits that the other co-accused has already been granted bail by this Court vide order dated 19.09.2022 passed in Cr. Misc. No. 35971 of 2022.
5. Learned Counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed as well as on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases which are pending against him whose details are mentioned below, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of C.J.M., West Champaran, Bettiah in connection with Gopalpur P.S. Case No. 184 of 2020, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.
7. Pending cases against the petitioner are as follows:-
Patna High Court CR. MISC. No.48332 of 2024(4) dt.04-10-2024 3/3 (i) Bettiah (M) Banuchhapar P.S. Case No. 721 of (ii) Bettiah (M) P.S. Case No. 717 of 2020 (iii) Bettiah (M) P.S. Case No. 736 of 2020 (iv) Gopalpur P.S. Case No. 189 of 2020 (Dr. Anshuman, J.) Aman Kumar/- U T