Jawed Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7299 of 2024 Arising Out of PS. Case No.-1023 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Jawed Alam S/o Kaimul Sah @ Amul Husenu R/o Village - Dewapur Purdil Tola, PS- Manjhagarh, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

3. The prosecution case in short, is that, while the informant was going to his house on a motorcycle bearing Reg. No. BR-28Z-8703, three miscreants on a motorcycle surrounded him on the point of pistol and they snatched his motorcycle, mobile phone, driving license and Rs. 800/- cash.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named

Patna High Court CR. MISC. No.7299 of 2024(2) dt.17-02-2024 2/2 in FIR rather his name came into light in this case due to his criminal antecedents. He has also not been put on TI parade as yet. Looted motorcycle has been recovered from the possession of three apprehended co-accused persons and this petitioner was among one of them. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 30.01.2024 in Cr. Misc. No. 85280 of 2023. Moreover, the petitioner is languishing in judicial custody since 28.03.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gopalganj P.S. Case No. 1023 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj. (Sunil Kumar Panwar, J) Shubham/- U T