Javed Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.973 of 2024 Arising Out of PS. Case No.-985 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Javed Alam S/O- Kaimul Sah @ Amul Husenu R/O Vill- Dewapur Sekh Purlic Tola, Ps- Manjhagarh, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan, Adv.

For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gopalganj (Town) P.S. Case No. 985 of 2022 instituted for the offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of snatching and taking away Rs. 1500/- and a mobile of the Informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to dirty local politics. The petitioner is not named in the F.I.R. and has been remanded in this case by the police from

Patna High Court CR. MISC. No.973 of 2024(4) dt.08-05-2024 2/3 Gopalganj P.S. Case No. 1041 of 2022. The petitioner has no concern with the alleged occurrence. The petitioner has altogether 19 criminal antecedents and is languishing in judicial custody since 27.05.2023 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that the co-accused in the confessional statement has admitted the involvement of the petitioner in the present occurrence.

6. Considering the entire facts and circumstances of the case and the nature of offence as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, 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 Gopalganj (Town) P.S. Case No. 985 of 2022, subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall

Patna High Court CR. MISC. No.973 of 2024(4) dt.08-05-2024 3/3 be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T