Naushad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9499 of 2021 Arising Out of PS. Case No.-350 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== NAUSHAD ALAM SON OF MANJOOR ALAM RESIDENT OF VILLAGE- SEMARIYA, P.S.- KATEYA, DISTRICT- GOPALGANJ. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harendra Prasad, Advocate.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 399/402/411/414 of the Indian Penal Code and Section 25 (1-b)A, 26/35 of the Arms Act.

The petitioner along with other co-accused is said to have caught hold by the police while they were preparing for dacoity.

Patna High Court CR. MISC. No.9499 of 2021(2) dt.13-07-2021 2/2 It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case merely on suspicion. No incriminating article has been recovered from his conscious physical possession. There is no eye witness of the occurrence. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 15.10.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Kateya P.S. Case No.350 of 2020. (Anjani Kumar Sharan, J) Trivedi/- U T