Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56137 of 2022 Arising Out of PS. Case No.-418 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== AFTAB ALAM S/o- Late Abdul Khai R/o Village- Indarwa, Abdullah, P.O.- and P.S.- Gopalganj, District- Gopalganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Zaki Haider For the State :

Mr.Sunil Kumar Pandey For the informant :

Mr. Brahmaputra Singh Ishu Ms.Poonam Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-05-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Gopalganj P.S. Case No. 418 of 2022, registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code.

As per allegation, the father of the informant, who was a Typist in Gopalganj Civil Court, did not return after his work. On 23.05.2022, his mobile set was also in switch off mode. The informant was in suspicion that some unknown persons had kidnapped his father. His father is still traceless. The learned counsel for the petitioner has submitted that the FIR has been lodged against unknown persons. There is nothing against the petitioner except suspicion. In the entire case dairy, the complicity of this petitioner did not figure. The informant and his mother have stated in their respective

Patna High Court CR. MISC. No.56137 of 2022(10) dt.03-05-2023 2/2 statements that there was some conversation between the victim and the petitioner regarding land transaction. On the other hand, the learned APP has opposed the prayer for bail.

During investigation nothing has emerged against the petitioner and he is under custody since 29.05.2022. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj P.S. Case No. 418 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) The petitioner shall remain present before the learned court below on each and every date till conclusion of the trial.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T