Nursed Alam @ Nursaid Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71602 of 2025 Arising Out of PS. Case No.-23 Year-2024 Thana- Vishanpur District- Kishanganj ====================================================== Nursed Alam @ Nursaid Alam S/O Md. Hafij Resident Of VillageDhomohani ,P.S.- Routa, District- Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abdul Mannan Khan, Advocate Mr. Binay Kumar, Advocate Mr. Shive Kumar, Advocate For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 10-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has renewed his prayer for grant of regular bail in connection with S.Tr. No.74 of 2025 arising out of Bishanpur P.S. Case No.23 of 2024 registered for the offence under sections 309(4), 309(6) and 109(1) of the B.N.S, 2023 and Section 27 of the Arms Act.
3. The allegation in the F.I.R is that three miscreants looted 4 Kgs. of silver and 4 Bhar of gold from a person on the point of pistol and one of them also resorted to fire causing injury to a villager on his ankle.
4. It is submitted by learned counsel for the petitioner that earlier prayer for bail of the petitioner was rejected vide
Patna High Court CR. MISC. No.71602 of 2025(3) dt.10-10-2025 2/3 order dated 20.06.2025 passed in Cr. Misc. No.25003 of 2025 giving liberty to the petitioner to renew his prayer after framing of charge. It has been submitted that charge has been framed in the learned Court concerned on 04.06.2025, which is AnnexureP/4 of the petition. It is further submitted that till date no witness has however been examined by the prosecution and has also been pointed out that similarly situated co-accused Lalu @ Gulab @ David, upon whose confession the name of the petitioner has transpired in this case, has already been granted bail vide order dated 27.05.2025 passed in Cr. Misc. No. 33768 of 2025. The petitioner is in custody since 05.12.2024 and undertakes to co-operate in the case/trial.
5. The application for bail is opposed by learned APP for the State.
6. Taking into consideration the above mentioned facts and circumstances of the case and also considering the liberty granted to the petitioner to renew his prayer for bail after framing of charge vide order dated 20.06.2025, similarly situated co-accused has already been granted regular bail by aforesaid order dated 27.05.2025 and the petitioner is in custody since 05.12.2024, the petitioner is directed to be enlarged on bail in connection with S.Tr. No.74 of 2025 arising out of Bishanpur
Patna High Court CR. MISC. No.71602 of 2025(3) dt.10-10-2025 3/3 P.S. Case No.23 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court, subject to the following conditions:- (I) One of the bailors will be his close relative. (II) The petitioner shall co-operate in the trial. (III) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (Soni Shrivastava, J) Harsh/- U T