Md. Afroj @ Afroj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42737 of 2021 Arising Out of PS. Case No.-45 Year-2020 Thana- BIRPUR District- Supaul ====================================================== MD. AFROJ @ AFROJ ALAM S/O MD. MOKIM R/O VILLAGELALPURGOTH, P.S-BIRPUR (BALUA BAZAR), DISTRICT-SUPAUL. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Section 392 of the Indian Penal Code, registered in connection with Birpur (Balua Bazar) P.S.Case No. 45 of 2020.

As per allegation made in the FIR when the informant was going with his Scorpio, his vehicle was intercepted by three miscreants by an Apache motor-cycle. By pointing knife to his temporal region, they snatched the key of Scorpio vehicle and also snatched Rs. 5000/-(Nepali currency).

The learned counsel for the petitioner has submitted that he was not arrested at the spot. His name figured in the confessional statement of co-accused. Except the confessional statement of co-accused, there is nothing against the petitioner in the case diary.

On the other hand, the learned APP, Mr. Shailendra Kumar has submitted that in paragraph no.70 of the case dairy, the confessional statement of co-accused Md. Rustam was

Patna High Court CR. MISC. No.42737 of 2021(3) dt.04-07-2022 2/2 recorded and he has given vivid descriptions of the alleged occurrence as the complicity of the present petitioner. Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Birpur, Balua Bazar P:.S.Case No. 45 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T