Shahjad Alam @ Mister v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62777 of 2021 Arising Out of PS. Case No.-128 Year-2020 Thana- DEHRI TOWN District- Rohtas ====================================================== SHAHJAD ALAM @ MISTER Son of Abdul Rajak Miyan @ Rajak Miyan Resident of Bishunpura, Police Station - Sasaram, District - Rohtas at Sasaram.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sumit Kumar, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 395 and 412 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 05.03.2020, charge-sheet has been submitted and has antecedent of twelve cases. Learned counsel further submits that petitioner is not a criminal, rather he has been made a criminal by the police by making him accused in all the FIR which was instituted against unknown.

The informant alleges that unknown criminal looted his van loaded with 65 bags of potato along with Rs.6,000/- and one

Patna High Court CR. MISC. No.62777 of 2021(3) dt.09-05-2022 2/2 mobile.

Learned counsel for the petitioner submits that the FIR was against unknown and the petitioner came to be arrested in Dehri Nagar P.S. Case No. 133 of 2020 where he was made to confess his participation in the present case also. Learned counsel further submits that despite petitioner being in custody he was not put on T.I. Parade nor any incriminating article was recovered from his possession and as far as his antecedent is concerned, in merely all the cases, the FIR was against unknown in which the petitioner was roped one after another by the police.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 05.03.2020, charge-sheet has been submitted, was not put on T.I. Parade nor any incriminating article was recovered from the possession of the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Dehri Nagar P.S. Case No. 128 of 2020. (Satyavrat Verma, J) Kundan/- U T