Mujahid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84393 of 2025 Arising Out of PS. Case No.-94 Year-2023 Thana- KOTWA District- East Champaran ====================================================== Mujahid Alam, aged about 35 years, (M), son of Md. Alam @ Md. Aslam Alam, resident of village- Govindapur, PS- Harsidhi, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Kotwa PS Case No.94 of 2023 dated 11.03.2023, instituted for the offence punishable under Sections 395, 412 of the Indian Penal Code.

3. The informant has alleged that while he was moving on a pick up van loaded with chicken worth Rs.2,33,301/-, a Bolero vehicle over took him, 8-10 persons came out of the Bolero vehicle, abused and assaulted him. Some of the accused persons were identified by him as they belong to his maternal grand-mother's home and the petitioner was one of them. They assaulted him on his body by sharp weapon which

Patna High Court CR. MISC. No.84393 of 2025(2) dt.23-12-2025 2/3 made him unconscious and when he regained his consciousness, he found himself lying near Madhubani Ghat and the accused persons had disappeared along with pickup van. On the basis of GPS installed in the vehicle, it was found that the same was being unloaded in the house of Aliyas and Naseem.

4. Learned counsel for the petitioner submits that from perusal of the FIR it would appear that there is general and omnibus allegation against all the accused persons including the petitioner. The vehicle was recovered on the basis of GPS installed in the same near from Semra Railway Station after its unloading at the house of Aliyas and Naseem. It is further submitted that no TIP was conducted. Further submission is that similarly situated co-accused Afsaar Khan, Ram Pravesh Kumar and Junaid @ Junaid Alam have been granted bail by coordinate Benches of this Court vide order dated 25.08.2023 passed in Cr. Misc. No.54991 of 2023, order dated 21.09.2023 passed in Cr. Misc. No.61681 of 2023 and order dated 25.04.2025 passed in Cr. Misc. No.27139 of 2025 respectively. Lastly, it is submitted that petitioner is in custody since 09.09.2025 and one criminal case is pending against the petitioner.

5. Learned APP has opposed the prayer for bail.

Patna High Court CR. MISC. No.84393 of 2025(2) dt.23-12-2025 3/3

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, in Kotwa PS Case No.94 of 2023.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T