Patna High CourtCR. MISC./70575/2024rejected

Noorshad @ Don @ Nurshed @ Noorshad Alam @ Noorshad Don v. The State Of Bihar

2024-11-26Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70575 of 2024 Arising Out of PS. Case No.-337 Year-2021 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Noorshad @ Don @ Nurshed @ Noorshad Alam @ Noorshad Don S/O Matiur Rahman R/O Village- Pothimari Jagir, P.S- Kochadhaman, Distt.- Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-11-2024 Heard Mr. Ram Prawesh Kumar, learned counsel for the petitioner and Mr. Anil Kumar, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 15.01.2022, in connection with Kochadhaman P.S. Case No.337 of 2021 giving rise to S. Tr. No. 138 of 2022, FIR dated 13.12.2021 for the offences punishable under Sections 392, 402 and 412 of the Indian Penal Code and Section 27 of the Arms Act.

3. Earlier the prayer for bail of the petitioner was rejected vide order dated 11.09.2023 passed in Cr. Misc. No. 13111 of 2023.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.70575 of 2024(3) dt.26-11-2024 2/3 the petitioner is innocent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR and he has been remanded in the present case from Kochadhaman P.S. Case No. 346/2021.

5. Vide order dated 27.09.2024, a report with regard to the present status of the trial was called for. Report of the learned Trial Court dated 01.10.2024 reveals that out of seven charge-sheet witnesses, three witnesses have already been examined as yet.

6. Learned APP for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that looted Rs.80,000/- has been recovered from the house of the petitioner and apart from that C.D.R. location of the petitioner also suggests that the petitioner was involved in the present crime in question.

7. Considering the nature of the allegation in the FIR, evidence collected during the investigation as well as the report of the learned trial Court, I am not inclined to enlarge the petitioner on bail in connection with Kochadhaman P.S. Case No. 337 of 2021, giving rise to S. Tr. No. 138 of 2022 pending

Patna High Court CR. MISC. No.70575 of 2024(3) dt.26-11-2024 3/3 in the Court of learned Additional Sessions Judge-1st-CumSpecial Judge, Kishanganj.

8. Prayer is refused.

9. However the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) ajay/- U T