Muntazir Alam @Montazir Alam @ Manotzir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40725 of 2024 Arising Out of PS. Case No.-230 Year-2021 Thana- FALKA District- Katihar ====================================================== Muntazir Alam @Montazir Alam @ Manotzir S/o Ejaz Alam R/o VillageBarichatar, P.S.-Falka, District-Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar For the Opposite Party/s :

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 392 of the Indian Penal Code.

3. As per the prosecution case, when the informant was coming from the house of one Puja Kumari after collecting Rs.1,27,900/- in the way, unknown miscreants on the post of arms looted his bag containing aforesaid cash, Aadhar card, ATM card etc.

4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that no incriminating article has been recovered from conscious

Patna High Court CR. MISC. No.40725 of 2024(2) dt.31-07-2024 2/2 possession or house of the petitioner. He further submits that the petitioner is not named in the F.I.R., the name of the petitioner sprang up in the present case only on the bais of confessional statement of co-accused, namely, Aklakh. He further submits that F.I.R. named co-accused has been enlarged on bail by a co-ordinate bench of this court vide order dated 13.06.2022 passed in Cr. Misc. No. 70497 of 2021. Similarly situated co-accused has also been granted bail by a co-ordinate Bench of this Court vide order dated 10.04.2023 passed in Cr. Misc. No. 72933 of 2022. The petitioner has no criminal antecedent and has been languishing in custody since 12.03.2024.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail 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 Falka P.S. Case No. 230 of 2021. (Anjani Kumar Sharan, J) anand/- U T