Patna High CourtCR. MISC./56053/2025bail granted

Nijamudin Alam @ Njamudin Alam v. The State Of Bihar

2025-09-01Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56053 of 2025 Arising Out of PS. Case No.-128 Year-2025 Thana- GOPALPUR District- Gopalganj ====================================================== Nijamudin Alam @ Njamudin Alam S/o Sagir Miyan Resident of Village - Bikrampur, P.S. - Gopalpur, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Dubey, Adv.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gopalpur P.S. Case No. 128 of 2025 instituted for the offences under Sections 317(2), 318(2), 336(2), 338 and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, the police has apprehended two persons including the petitioner with the stolen motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the

Patna High Court CR. MISC. No.56053 of 2025(3) dt.01-09-2025 2/3 present case. The petitioner is neither owner nor driver of the alleged motorcycle. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 13.05.2025 without any rhymes or reason. Learned counsel for the petitioner again submits that the co-accused namely Imran Ansari has been granted bail by a Co-ordinate Bench of this Court vide order dated 11.08.2025 passed in Cr. Misc. No. 53179 of 2025.

5. Learned counsel for the petitioner has filed supplementary affidavit stating therein that the charge-sheet has been filed against two accused persons named in the F.I.R. under Sections 317(5), 318(4), 336(3), 338, 3(5) of the B.N.S. on 13.05.2025.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the

Patna High Court CR. MISC. No.56053 of 2025(3) dt.01-09-2025 3/3 petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gopalpur P.S. Case No. 128 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T