Md. Aslam Alam Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Md. Aslam Alam Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both petitioners released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Gopalganj in connection with Manjhagarh P.S. Case No. 365/2024; bonds conditional on clean antecedents verified by the court below, and petitioners to mark monthly attendance at Manjhagarh police station on the 1st Sunday during pendency.

Issue for consideration

Whether the petitioners, in custody since 14.12.2024 in connection with Manjhagarh P.S. Case No. 365/2024 (offence under Sections 317(2), BNS), should be released on bail.

Court's answer

Considering the period of custody (petitioners in jail since 14.12.2024), the court ordered release of both petitioners on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each, to the satisfaction of learned A.C.J.M.-VI, Gopalganj, in connection with Manjhagarh P.S. Case No. 365/2024.

Ratio / Principle

Acceptance of the bail bonds is made conditional on antecedent verification: the court below will verify the petitioners' antecedents at the time of furnishing bail bonds and will accept them only if they have clean antecedents; if cases are found against them, the bail bonds shall not be accepted.

Key takeaways

As a condition during the pendency of the case, the petitioners must mark their attendance at Manjhagarh police station on the 1st Sunday of the month.ratio¶¶20

Detailed headnote1 paragraphs

Bail — Sections 317(2), BNS (stolen motorcycle) — Manjhagarh P.S. Case No. 365/2024, Gopalganj — petitioners in custody since 14.12.2024 — Patna High Court (Sandeep Kumar, J; order dt. 23-04-2025) granted bail solely considering period of custody, on personal bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Gopalganj — court below to verify antecedents and accept bonds only if clean, failing which bonds not to be accepted — further condition: petitioners to mark attendance at Manjhagarh police station on 1st Sunday of every month during pendency. (Crim. Misc. No.21393 of 2025)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21393 of 2025

Arising Out of PS. Case No.-365 Year-2024 Thana- MANJHAGARH District- Gopalganj

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

Md. Aslam Alam S/O Aabid Hussain R/O Village- Karnpura, P.SManjhagarh, Distt.- Gopalganj.

Ankit Kumar S/O Munnna Manjhi R/O Village- Shekhtoli (Manjhagarh), P.S- Manjhagarh, Distt.- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Ramadhar Shekhar For the Opposite Party/s : Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

2 23-04-2025

Heard learned counsel for the petitioners and learned

Additional Public Prosecutor for the State.

The petitioners seek bail in connection with Manjhagarh P.S. Case No. 365/2024 registered for the offence punishable under Sections 317(2) of the BNS.

The petitioners have been caught with a stolen motorcycle. The petitioners are in jail since 14.12.2024.

Considering the period of custody, let the petitioners above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Gopalganj in connection with Manjhagarh P.S. Case No. 365/2024.

At the time of furnishing bail bonds, the court below will verify the antecedent of the petitioners and will

Patna High Court CR. MISC. No.21393 of 2025(2) dt.23-04-2025 2/2

accept the bail bonds if they have clean antecedent. In case, some cases are found against them, their bail bonds shall not be accepted.

During the pendency of this case, the petitioners will mark their attendance in Manjhagarh police station on 1^st Sunday of the month.

(Sandeep Kumar, J)

Saif/- U T