Md. Jawed Alam @ Md Jawed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79589 of 2024 Arising Out of PS. Case No.-139 Year-2024 Thana- FORBESGANJ District- Araria ====================================================== Md. Jawed Alam @ Md Jawed S/O Md. Azim Alam Res. of Milki, Ward no 10, P.S, Maranga, District- Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Forbesganj P.S. Case No. 139 of 2024 instituted for the offences under Section 394 of the Indian Penal Code.

3. Prosecution case, in short, is that, the informant was working on the post of Field Officer in Bandhan Bank, Branch Fulkaha. It is alleged that on 22.02.2024, four miscreants boarded on two motorcycles came and overtook the vehicle of the informant, and thereafter, on the point of pistol, looted cash of Rs. 12 lakh.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.79589 of 2024(3) dt.06-12-2024 2/3 Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation on the basis of confessional statement of the co-accused person. No incriminating/looted article has been recovered from the conscious possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.08.2024 and has five criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 27.09.2024 passed in Cr. Misc. No. 54703 of 2024.

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

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Forbesganj P.S. Case No. 139 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.79589 of 2024(3) dt.06-12-2024 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T