Noman Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37431 of 2022 Arising Out of PS. Case No.-244 Year-2019 Thana- MAIRWAN District- Siwan ====================================================== NOMAN AKHTAR SON OF HEMAYAT HUSSAIN R/O VILLAGECHOTI LAKDI, NABIGANJ, P.S.- BASANTPUR (LAKRI NABIGANJ O.P.), DISTRICT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 385, 387 of the IPC. As per the FIR, some unknown miscreant demanded Rs.10 Lakhs over phone call from the informant and thereafter, several demands were made threatening him from different numbers.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is not named

Patna High Court CR. MISC. No.37431 of 2022(2) dt.22-11-2022 2/2 in the F.I.R. and during investigation, merely on the confessional statement of co-accused Prince Panday, petitioner has been made accused in this case. No incriminating article has been recovered from the conscious physical possession of the petitioner. Similarly situated co-accused namely Harender Singh has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 02.07.2021, passed in Cr. Misc. No.1277 of 2021. Petitioner has one criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Mairwa P.S. Case No.244/2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.