Muntashir @ Md. Muntashir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 8554 of 2020 Arising Out of PS. Case No.-461 Year-2019 Thana- PURNEA SADAR District- Purnia ====================================================== MUNTASHIR @ MD MUNTASHIR Son of Abdul Jalil Resident of VillageBasantpur, P.S.-Sadar, District-Purnea. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Khatim Reza For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and the learned APP for State.

Petitioner apprehends arrest in connection with Sadar Police Station (for brevity, PS) Case No 461 of 2019 instituted for the offence punishable under Section(s) 395 of Indian Penal Code.

150 maize bags are alleged to have been stolen from a godown wherein informant is a Chaukidar. First Information Report is against 10 - 15 unknown persons. Petitioner's name has surfaced on the basis of confessional statement made by one Md Asghar who was arrested. The learned counsel for the petitioner submits that after his implication, on the basis of confessional statement in this case, he has also been made

Patna High Court CR. MISC. No.8554 of 2020(2) dt.03-03-2020 2/3 accused in four other cases, details of which have been stated in paragraph 3 of the petition. It is submitted that other than confessional statement, there is nothing to connect the petitioner with the alleged occurrence. Submission is of false implication on extraneous considerations.

The learned APP for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts, prayer of petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, before the Court below, within four (04) weeks from today, he shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Sadar PS Case No 461 of 2019 subject to the conditions as laid down under Section 438 (2) of Criminal Procedure Code and also the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.8554 of 2020(2) dt.03-03-2020 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T