Patna High Court – Orders
Sahnur Alam vs The State Of Bihar on 4 June, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34589 of 2025
Arising Out of PS. Case No.-147 Year-2024 Thana- BAISI District- Purnia
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Sahnur Alam S/o Majharul Haque @ Majaharul Haque @ Majrul Haque R/o
Village- Patilwa, P.S.- Kishanganj, District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Satya Prakash Sinha, Advocate
For the Opposite Party/s : Mr.Rajesh Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-06-2025
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Baisi P.S. Case No. 147/2024 lodged on 12.06.2024 under
Sections 395/397 of the Indian Penal Code and Section 27 of the
Arms Act.
3. As per the prosecution case, the present FIR has
been lodged against unknown accused persons on the allegation
of committing dacoity.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. It is
further submitted that the name of the petitioner has surfaced
solely in the confessional statement of a co-accused. No
recovery has been made from the possession of the petitioner,
nor has he been subjected to a Test Identification Parade. The
Patna High Court CR. MISC. No.34589 of 2025(2) dt.04-06-2025
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petitioner is in custody since 03.01.2025 and is also implicated
in three other criminal cases.
5. Learned counsel for the State opposes the prayer
for bail and submits that the learned Additional Sessions Judge,
while rejecting the petitioner’s bail application, observed that
the petitioner is a habitual offender and is involved in three
other criminal cases of similar nature. Although it is admitted
that no recovery has been made from the petitioner and he has
not been subjected to a Test Identification Parade, his name has
figured in the confessional statement of a co-accused.
6. In the present facts and circumstances of this case
and the submissions made above, let the petitioner above
named, be granted bail on furnishing bail bonds of Rs.30,000/-
(Rupees Thirty thousand) as mentioned in Section 2(1) (d) of
the BNSS, 2023 to the satisfaction of learned CJM, Purnea, in
connection with Baisi P.S. Case No. 147/2024, subject to the
conditions as laid down under Section 480(3) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(i) one of the bailor should be the family member of
the petitioner who shall provide official document to show his
bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.34589 of 2025(2) dt.04-06-2025
3/3before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month for one year to mark attendance;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidence,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds; and
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
7. The learned court below shall release the petitioner
on bail only after framing of charge, if not framed as well as on
being satisfied that the petitioner is not absconding in any of the
cases as mentioned in paragraph no.3 of the petition as under :-
1. Amour P.S. Case No. 374/2024.
2. Angarh P.S. Case No. 17/2024, and
3. Angarh P.S. Case No. 30/2024.
(Dr. Anshuman, J)
Ashwini/-
U T