Jahidul Islam @ Noor Jamal Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Jahidul Islam @ Noor Jamal Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM/JMFC in connection with Thakurganj P.S Case No. 250/2023.

Issue for consideration

Whether the petitioner, in custody in Thakurganj P.S. Case No. 250/2023 (Section 379 IPC), should be released on regular bail.

Court's answer

On perusal of the FIR and the impugned order dated 19.08.2024, the Court found that nothing incriminating had been recovered from the petitioner's possession and that the section under which the petitioner has been charged is triable by the Magistrate.

Ratio / Principle

Considering the submissions made on behalf of the petitioner, the Court directed that the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM/JMFC in connection with Thakurganj P.S Case No. 250/2023.

Detailed headnote1 paragraphs

Patna High Court (Ramesh Chand Malviya, J.), by order dated 16-04-2025 in Criminal Miscellaneous No.19160 of 2025, allowed the regular-bail application of Jahidul Islam @ Noor Jamal arising out of Thakurganj P.S. Case No. 250/2023 (Kishanganj), registered under Section 379 IPC for the alleged theft of the informant's Hero Super Splendor motorcycle (Regn. No. BR-37Z-8182). Perusing the FIR and the impugned order dated 19.08.2024, the Court noted that nothing incriminating had been recovered from the petitioner's possession and that the charged section is triable by a Magistrate; accordingly, the petitioner was ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM/JMFC. Defence submissions recorded: implication based on the confessional statement of co-accused Raisul Haque, no recovery from the petitioner, judicial custody/remand since 16.02.2024, and sixteen criminal antecedents; the learned APP opposed the bail prayer.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19160 of 2025

Arising Out of PS. Case No.-250 Year-2023 Thana- THAKURGANJ District- Kishanganj

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

Jahidul Islam @ Noor Jamal S/O Abdul Latif Resident of village- Katipada, P.S- Islampur, District- Uttar Dinajpur (West Bengal).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Arun Kumar, Adv For the Opposite Party/s : Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 16-04-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in custody in connection with Thakurganj P.S Case No. 250/2023 registered for the offences punishable under Sections 379 of the Indian Penal Code.

As per allegation in the FIR, petitioner is alleged to have stolen the Hero Super Splendor motorcycle bearing Registration No. BR-37Z-8182 of the informant when he had parked his motorcycle to get milk from the nearest store.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner’s name has been figured due to the confessional statement of the co-accused namely Raisul Haque.

Patna High Court CR. MISC. No.19160 of 2025(2) dt.16-04-2025 2/2

He further submits that nothing incriminating has been recovered from the possession of the petitioner. He further submits that the section in which the charges has been framed is triable by Magistrate. It is also submitted that petitioner is in judicial custody since 16.02.2024 and remanded in this case on 16.02.2024 and has sixteen criminal antecedent.

However, learned APP for the State oppose the prayer for regular bail of the petitioner.

On perusal of the FIR, impugned order dated 19.08.2024, it appears that nothing incriminating has been recovered from the possession of the petitioner and also the fact that the section in which the petitioner has been charged is triable by magistrate and considering the submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM/JMFC in connection with Thakurganj P.S Case No. 250/2023

(Ramesh Chand Malviya, J)

Sunnykr/-

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