Md. Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31227 of 2020 Arising Out of PS. Case No.-457 Year-2019 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== MD. ALAM S/o Mohammad Haroon Resident of Village-Sarsi (Majhuwa Prem Raj), Police Station-Sarsi, District-Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Singh For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 392 and 365 of the Indian Penal Code. Allegedly, on the date and time of occurrence, the informant Laxman Kumar Kamti taking the items of owner on Pick-up van having Registration No. BH-11GA/5505 reached near Railway Gate diversion then three criminals after overtaking the said pick-up van by the motorcycle and parked the motorcycle in front of the van of the informant. Criminals started assaulting the informant/driver after pointing fire-arm. They tied the hands, legs and eyes of the informant. The petitioner brought the vehicle ahead from the place of

Patna High Court CR. MISC. No.31227 of 2020(3) dt.08-01-2021 2/3 occurrence and throw down the informant/driver by the side of road near Champanagar. The informant had mobile with Sim, purse as in pick-up van informant was transporting Sutli, paper, Sewai, Makhana, Chips, Spices etc. Accused persons taking the pick up van fled away from there and above items. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 14-11-2019. Charge sheet/Prosecution report in this case has already been submitted. The petitioner is not named in the FIR. The petitioner's name transpired in this case on the basis of his self-confessional statement made before the police. The alleged looted Pick-up van is said to have been recovered. He has not been put on test identification parade to ascertain his participation in the alleged occurrence. The petitioner has remained in custody for more than a year.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.31227 of 2020(3) dt.08-01-2021 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K. Nagar P.S. Case No. 457 of 2019.

(Sudhir Singh, J) A.K.V.//- U T