Allowed

Tasir Alam v. The State of Bihar

Patna HC11 Sept 2024CR. MISC./51571/2024

Case brief

AI extract

What is this about?

Regular bail application under Section 392 IPC for armed robbery of a motorcycle. Case rests solely on co-accused's confession; no TIP or recovery; petitioner in custody since March 2023 and similarly placed co-accused already bailed. Bail granted with conditions despite antecedents.

What did the court decide?

Released on bail on furnishing bonds of Rs. 20,000 with two like sureties, one bailor a close relative, subject to trial-cooperation and anti-tampering conditions.

Tasir 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.51571 of 2024

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Arising Out of PS. Case No.-24 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran

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======================================================

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TASIR ALAM, Son of Rozid Mian @ Royid Miya, resident of VillageAjagari Masjidwa Tola, P.S.- Banjariya, Dist- East Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ======================================================

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... ... Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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3 11-09-2024 Heard Mr. Sharad Kumar Verma, learned Advocate

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for the petitioner and the learned APP for the State.

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The petitioner seeks regular bail, who is in custody in connection with Muffasil P.S. Case No. 24 of 2023 registered for the offence punishable under Section 392 of the Indian Penal Code.

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Allegedly while the informant was coming to his house on a motorcycle, in the meantime, three persons boarded on a motorcycle overtook the motorcycle of the informant and on the point of pistol, looted his motorcycle and other valuable articles.

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Learned Advocate for the petitioner contended that the F.I.R. has been instituted against unknown miscreants,

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Patna High Court CR. MISC. No.51571 of 2024(3) dt.11-09-2024 2/4

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however, during the course of investigation, one of the coaccused Guddu Sahani was apprehended and the name of the petitioner has surfaced on the basis of confession made by coaccused Guddu Sahani. Save and except the confession, as aforenoted, there is no material suggesting the complicity of the petitioner in the crime. It is next contended that in fact a long list of the criminal antecedent is the reason for false implication of the petitioner in the crime, in question, without there being any material, as such, it appears to be a malicious prosecution at the hands of the police personnel. The petitioner has neither been put on Test Identification Parade nor any incriminating material has been recovered from the possession of the petitioner till date and the petitioner has been incarcerated since 27.03.2023. Moreover, the co-accused person, whose name has also been transpired on the confessional statement of Guddu Sahani, has been allowed the privilege of bail in Cr. Misc. No. 50727 of 2024.

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On the other hand, learned APP for the State vehemently opposes the bail application and submits that the petitioner appears to be a habitual offender, as his name has transpired in eight criminal cases, the particulars of which have been duly mentioned in para.3 of the bail application.

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Patna High Court CR. MISC. No.51571 of 2024(3) dt.11-09-2024 3/4

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Regard being had to the submission made on behalf

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of the parties and considering the fact that the entire case is based on confessional statement, moreover, co-accused person, having identical allegation, has been allowed the privilege of bail, coupled with the period of custody; moreover mere criminal antecedent of a person cannot be a sole ground to keep him behind the bar for an indefinite period, unless there is cogent material, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Motihari, East Champaran in connection with Muffasil P.S. Case No. 24 of 2023, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-

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(i) The petitioner will cooperate in conclusion of the

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trial.

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(ii) He will remain present on each and every date of trial till disposal of the case.

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(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.

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(iv) In the event of default of two consecutive dates

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Patna High Court CR. MISC. No.51571 of 2024(3) dt.11-09-2024 4/4

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without any cogent reason, his bail bonds will liable to be cancelled.

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(v) The court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.

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(Harish Kumar, J)

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uday/-

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U T

Tasir Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Tasir Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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