Allowed

Md. Osaid Alam @ Arbaj Alam v. the State of Bihar

Patna HC1 Aug 2024CR. MISC./50321/2024

Case brief

AI extract

What is this about?

Regular bail application in a motorcycle theft case under Section 379 IPC. The petitioner was not named in the FIR and surfaced through co-accused confessions; another co-accused had been granted bail. Considering custody period despite criminal antecedents, the court enlarged the petitioner on bail with an attendance condition.

What did the court decide?

Petitioner enlarged on bail on Rs. 20,000 bond with two like sureties, subject to appearing before the court below on every date.

Md. Osaid Alam @ Arbaj Alam Vs the State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50321 of 2024

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Arising Out of PS. Case No.-170 Year-2022 Thana- PAKRIDAYAL District- East Champaran

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Md. Osaid Alam @ Arbaj Alam Son Of Kurban Miya Resident Of Village - Shikarganj, P.S. - Chiraiya (SHIKARGANJ), District - East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 01-08-2024

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Heard learned counsel for the petitioner and learned

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A.P.P for the State.

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2. The petitioner has preferred this application for grant of regular bail in connection with Pakaridayal P.S. Case No. 170 of 2022 dated 29.06.2022 registered for the offences u/s 379 of the Indian Penal Code.

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3. As per the prosecution case, the informant's motorcycle was stolen by unknown miscreants.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused persons, Md.

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Patna High Court CR. MISC. No.50321 of 2024(2) dt.01-08-2024 2/2

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Jaharuddin and Daud Mohhamad. The other co-accused person has already been granted bail by this court vide order dated 21.07.2023 passed in Cr. Misc. No. 40071/2023. The petitioner has nine criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 29.02.2024.

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5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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 Court concerned, East Champaran, at Motihari in connection with Pakaridayal P.S. Case No. 170 of 2022, with the condition ;-

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(i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Md. Osaid Alam @ Arbaj Alam v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Osaid Alam @ Arbaj Alam v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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