Tasir Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.808 of 2025 Arising Out of PS. Case No.-25 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Tasir Alam, aged about 25 years (M), S/O Rozid Miya @ Rajid Miya, Resident of Village- Siswa Ajagari Mahajidawa Tola, P.S- Banjariya, DistrictEast Champaran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Abhishek Kumar, Advocate For the Opposite Party :
Mr. Tapeshwar Sharma, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 25 of 2023 dated 09.01.2023 registered for the offence punishable under Section 392 of the I.P.C.
3. As per the prosecution case, three unknown miscreants intercepted the informant's motorcycle and snatched motorcycle mobile and Rs. 500/- from him on the point of pistol. They fled away from the spot.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is not named in the
Patna High Court CR. MISC. No.808 of 2025(2) dt.14-02-2025 2/3 F.I.R., His name has come in the present case on the basis of the confessional statement of the co-accused Guddu Sahani which has got no evidentiary value in the eye of law. No incriminating article has been recovered from his possession. He was not put on T.I. Parade. It is submitted that the other co-accused person, namely, Sukesh Kumar, has already been granted bail by a Bench of this Court vide Cr. Misc. No. 20393 of 2024 under order dated 05.07.2024, annexed as Annexure- 4 to the present bail application. The petitioner has eleven (11) criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 13.08.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Motihari, East Champaran in connection with Muffasil P.S. Case No. 25 of 2023 with further condition:- (I) The petitioner is directed to remain physically present before the learned court
Patna High Court CR. MISC. No.808 of 2025(2) dt.14-02-2025 3/3 below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T