Md Minhaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22 of 2021 Arising Out of PS. Case No.-74 Year-2020 Thana- AMAUR District- Purnia ====================================================== MD MINHAZ ALAM son of Late Md. Mojibur Rahman Resident of VillageTarabari, P.S.- Amour, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the State :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-12-2021 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 Amour P.S. Case No.74 of 2020. As per the FIR, when the informant was returning after withdrawing Rs. 1,90,000/- from State Bank of India, Fakir Toli Branch, two persons stopped him and they pointed arms at his temple and snatched Rs.1,90,000/- from the dicky of the motor-cycle. Thereafter they fled away.

Patna High Court CR. MISC. No.22 of 2021(3) dt.13-12-2021 2/3 The learned counsel for the petitioner has submitted that he is innocent and there is no material against him, except the confessional statement of co-accused Akil Akhtar who, in his self inculpatory statement, also implicated this petitioner. The learned APP has submitted that the name of the petitioner has figured in the confessional statement of the said co-accused.

From perusal of the bail petition, it appears that the petitioner is involved in one another case of similar nature i.e. Baisi P.S.Case No.107 of 2019 for the offence under Section 394 of the Indian Penal Code, in which he has been allowed bail.

The learned court below is directed to call for the criminal antecedents report of the petitioner and if there is any other case except Baisi P.S.Case No. 107 of 2019, he shall not be released, otherwise 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 Sessions Judge, Purnea in connection with Amour P.S.Case No. 74 of 2020, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.22 of 2021(3) dt.13-12-2021 3/3 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

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