Ajfar Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74734 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Ajfar Alam S/o- Late Shahid Alam Village- Bhag Punas, Ward no- 15 PoSontha PS-Kochadhaman, Dist- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :
Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are in custody in connection with Kochadhaman P.S Case No. 11 of 2024 registered for the offences punishable under Sections 395, 397 of Indian Penal Code, Section 3/4 of Explosive Substance Act and Section 27 of the Arms Act.
3. As per the prosecution case, allegation against the petitioners is to have looted the gold, silver and other materials from the house of informant and assaulted the informant and his family members.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further
Patna High Court CR. MISC. No.74734 of 2024(2) dt.31-01-2025 2/2 submitted that petitioners are not named in the FIR, their named surfaced from the confessional statement of the co-accused and no looted articles were recovered from the conscious possession of the petitioners. He next submits that investigation already concluded and accordingly charge-sheet submitted and no TIP is conducted by the Investigation Officer. Petitioners are in judicial custody since 12.02.2024. It is further submitted that coaccused has already granted bail by the Co-ordinate Bench of this Court in Cr. Misc. No. 38301 of 2024.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioners.
6. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioners, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Kishanganj in connection with Kochadhaman P.S Case No. 11 of 2024.
(Ramesh Chand Malviya, J) Mayank/- U T