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2025 DAILYLAW 63350 (PAT)

Najis Alam @ Jahajev Alam @ Jahanjeb Alam v. The State of Bihar

CR. MISC./51313/2025 · 2025-08-11

Sunil Dutta Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51313 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- THAWE District- Gopalganj ====================================================== Najis Alam @ Jahajev Alam @ Jahanjeb Alam, S/O Juman Miyan @ Mustaq Alam @ Mushtaque Alam, Resident of village - Kabilaspur, Police Station - Thawe, District - Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Thakur Brajesh Singh, Advocate For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. In this present case, the petitioner seeks bail in connection with Thawe P.S. Case No. 10 of 2025 registered for the offences under Sections 329(3), 126(2), 115(2), 118(1), 109, 351 and 3(5) of the B.N.S. 3. As per prosecution case, the petitioner and other co- accused persons assaulted the informant with knife and rod and threw the body of the informant in the wheat field knowing him to be dead. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The allegation against the petitioner and other co-accused persons that they gave knife blow to the informant but the injury Patna High Court CR. MISC. No.51313 of 2025(2) dt.11-08-2025 2/2 report of the informant shows that the injuries were found to be simple in nature and caused by hard and blunt substance. He further submits that the FIR has been lodged after delay of two days without any plausible explanation. Similarly situated co- accused has already been granted bail by a coordinate Bench of this Court vide order dated 07.05.2025 passed in Cr. Misc. No. 27997 of 2025. Petitioner is in custody since 05.05.2025 having no criminal antecedent. 5. Learned A.P.P. opposes the submission made on behalf of the petitioner. 6. Considering the aforesaid facts and circumstances and submissions made on behalf of the parties, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj/concerned court in connection with Thawe P.S. Case No. 10 of 2025, subject to the conditions mentioned in Section 480 (3) of the B.N.S.S. khushbu/- (Sunil Dutta Mishra, J) U T