Md. Nazim @ Nazim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58670 of 2025 Arising Out of PS. Case No.-114 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== Md. Nazim @ Nazim S/O Late Azhar @ Azhar Hussain R/O Village- Jhadwa, P.S- Harsidhi, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Rina Sinha, 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 Piprakothi P.S. Case No. 114 of 2022 instituted for the offence under Section 392 of the Indian Penal Code.

3.

The prosecution case is that a truck carrying 10 tons of iron bar was hijacked after reaching Piprakothi, where the driver and cleaner were held captive and the truck was taken away. The truck was later found abandoned near Sahebganj P.S. after unloading the goods. Based on GPS tracking, the owner informed police, leading to recovery of the truck. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22-05-2025. Petitioner

Patna High Court CR. MISC. No.58670 of 2025(2) dt.01-09-2025 2/3 bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Pradeep Giri, who has been granted bail by a Co-ordinate Bench of this Court vide order dated 09-05-2023, passed in Cr. Misc. No. 9828 of 2023. Nothing has been recovered from the conscious possession of the petitioner. It is evident from perusal of the FIR itself that the truck was recovered in an abandoned condition. Police upon completion of investigation has submitted charge sheet in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.58670 of 2025(2) dt.01-09-2025 3/3 below/concerned Court in connection with Piprakothi P.S. Case No. 114 of 2022.

(Rudra Prakash Mishra, J) Raj Kishore/- U T