Md Javed @ Niyaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51138 of 2024 Arising Out of PS. Case No.-155 Year-2022 Thana- BANGARA District- Samastipur ====================================================== Md Javed @ Niyaj Son of Md. Kamar Resident of Vill- Kasbe Ahar, P.S.- Tajpur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Hussamuddin Azad For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with N. H. Bangara P.S. Case No. 155 of 2022 registered for the offence punishable under Section-394 of the Indian Penal Code and 27 of the Arms Act.

3. Allegedly, while the informant was going to Jeevan Sahara Hospital by his motorcycle, in the way, the accused persons intercepted him and consequently, firing was made which hit in the leg of the informant. The motorcycle of the informant was taken away by the miscreants.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated

Patna High Court CR. MISC. No.51138 of 2024(3) dt.25-09-2024 2/3 in this case. He is under custody since 06-02-2024. Nothing was recovered from possessions of the petitioner. Except the confessional statement and criminal antecedent of the petitioner, there is nothing against him in the entire case diary.

5. It appears that in the present case, except the confessional statement of the petitioner, there is nothing against him. The confessional statement leading non-recovery has no evidentiary value in the eye of law.

6. Learned counsel appearing for the State has opposed the prayer for bail.

7. Considering the aforesaid facts and circumstances, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Ms. Chanda Lal, learned Judicial Magistrate-Ist Class, Samastipur in connection with N. H. Bangara P.S. Case No. 155 of 2022 subject to the the following conditions:

(i) The petitioner will cooperate in trial and shall make himself available as and when required by the court. (ii) . Before accepting the bail bonds, the criminal antecedent of the petitioner shall be verified and if, it is found that he is involved in any other case except the case(s),

Patna High Court CR. MISC. No.51138 of 2024(3) dt.25-09-2024 3/3 mentioned in paragraph-3 of the bail petition, his bail bonds shall not be accepted.

(Nawneet Kumar Pandey, J) A.K.V.//- U T