Firdosh Alam @ Md. Firdosh Alam @ Firdosh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47073 of 2023 Arising Out of PS. Case No.-539 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== FIRDOSH ALAM @ MD. FIRDOSH ALAM @ FIRDOSH, Male, aged about 22 years, SON OF MD. ALAM @ MD. ASLAM RESIDENT OF BURHIYA GOLA, PS- SARSI, DIST- PURNEA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Fazle Karim, Advocate For the Opposite Party/s :
Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 31-07-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with K. Hat P.S. Case No. 539 of 2022 dated 03.06.2022 registered for the offence(s) punishable under Section(s) 420, 379, 411 and 413 of the Indian Penal Code.
3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is not named in the FIR and his name came into light in the statement of coaccused Chandan Kumar Jha during investigation but after his arrest no incriminating material was recovered from his possession, he is a very young person, though against him there are criminal antecedents of two cases but he has got bail in both the cases and the instant case was lodged on the basis of suspicion raised by the informant with regard to the co-accused
Patna High Court CR. MISC. No.47073 of 2023(2) dt.31-07-2023 2/2 Chandan Kumar Jha being indulged in keeping and selling the stolen motorcycles and the petitioner has been languishing in jail since 02.11.2022 and against him, the investigation has been completed. Further submission is that the co-accused Chandan Kumar Jha, on whose confession petitioner's name surfaced in this case, has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No.15215 of 2023.
4. Learned APP appearing for the State has opposed the bail prayer.
5. Considering the above submissions and mainly the petitioner's young age, the completion of investigation against him and the privilege of bail having been granted to coaccused person, as mentioned-above, who is named in the FIR while the petitioner is not named in the FIR, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with K. Hat P.S. Case No. 539 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Sanjay/- U T