Firoz Alam Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

Firoz Alam Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

Release on Regular Bail upon furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, in connection with Madhuban P.S. Case No.357 of 2024, conditioned on the petitioner remaining physically present on each and every date fixed by the learned Trial Court till conclusion of the trial.

Issue for consideration

Whether petitioner Firoz Alam, in custody since 25.08.2024 in Madhuban P.S. Case No.357 of 2024 (East Champaran) for offences under Sections 317(4), 317(5), 318(4), 338, 336(3) and 340(2) of the B.N.S., should be released on Regular Bail.

Ratio / Principle

Considering the facts and circumstances of the case and the submissions of counsel, the petitioner is 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 Chief Judicial Magistrate, East Champaran, in connection with Madhuban P.S. Case No.357 of 2024.

Key takeaways

Bail is conditioned on the petitioner remaining physically present on each and every date fixed by the learned Trial Court till conclusion of the trial.ratio¶15

Detailed headnote1 paragraphs

BAIL GRANTED — High Court of Judicature at Patna (Ramesh Chand Malviya, J.), Criminal Miscellaneous No.58060 of 2025, oral order dt. 27-08-2025: petitioner Firoz Alam (in custody since 25.08.2024) released on Regular Bail in Madhuban P.S. Case No.357 of 2024 (Thana-Madhuban, District-East Champaran), registered for offences under Sections 317(4), 317(5), 318(4), 338, 336(3) and 340(2) of the B.N.S., upon furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, with the condition that the petitioner remain physically present on every date fixed by the Trial Court till conclusion of trial. Counsel had submitted the petitioner was implicated merely on suspicion as pillion rider of a stolen motorcycle, that no cogent material was collected during investigation, and that the impugned order showed no progress of trial; petitioner has two criminal antecedents but is on bail in both. Learned APP opposed the prayer.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58060 of 2025

Arising Out of PS. Case No.-357 Year-2024 Thana- MADHUBAN District- East Champaran

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

Firoz Alam, aged about 21 years, male, S/o Jumarati Miyan Resident of Village - Sawangiya, Ward No. 03, P.S.- Madhubani, District- East Champaran

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Binod Kumar, AP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is in custody in a case registered for the offence under Section 317(4), 317(5), 318(4), 338, 336(3), 340(2) of the B.N.S.

As per the allegation in the FIR, on 24.08.2024 the informant saw two motorcycle were coming form Khodadpur and signaled to stop. On search an instrument of breaking the lock was recovered. On interrogation, the accused persons along with the present petitioner disclosed that they were engaged in stealing the motorcycles and selling them to one, Abdulla.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that name of the petitioner has been implicated in this case merely, on the basis of suspicion as he was pillion rider of stolen motorcycle. He further submits that

Patna High Court CR. MISC. No.58060 of 2025(2) dt.27-08-2025 2/2

during investigation, no cogent material against the petitioner has been collected by the police. He further submits that from perusal of the impugned order it appears that there is no progress of trial in the present case. He next submits that petitioner is in custody since 25.08.2024 and has got two criminal antecedents as stated in para-3 of the bail petition but fairly submits that he is on bail in both the cases.

Learned APP for the State opposes the prayer for Regular bail of the petitioner.

Considering the facts and circumstances of the case as well as the submissions made by learned counsel for the petitioner, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran in connection with Madhuban P.S. Case No.357 of 2024 with a condition that petitioner shall remain physically present on each and every date fixed by the learned Trial Court till conclusion of the trial.

(Ramesh Chand Malviya, J)

Harshita/-

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