Patna High CourtCR. MISC./281/2021bail granted

Munna Alam @ Md Anwar v. The State Of Bihar

2021-07-05Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.281 of 2021 Arising Out of PS. Case No.-25 Year-2020 Thana- SATHI District- West Champaran ====================================================== MUNNA ALAM @ MD ANWAR Son of Idrish Mian Village- Sathi Bazar, P.S. Sathi, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-07-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Sathi P.S. Case No.25/2020 registered for the offences punishable under Section 392 of the Indian Penal Code. As per the prosecution story, the informant was posted in Chanpatiya Branch of Bharat Financial Inclusion Ltd. and while returning to the Branch and reached near Sathi village two unknown persons came there on motorcycle and pushed the motorcycle of the informant and snatched Mobile, cash of Rs.1,22,021/-.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.281 of 2021(6) dt.05-07-2021 2/3 petitioner has been falsely implicated in this case, nothing has been recovered from the possession of the petitioner and he is in custody since 12.05.2020.

Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner. Having regard to the facts and circumstances of the case wherein it is submitted that the petitioner is not named in the FIR, he has not been put on T.I.P., there is no recovery of any incriminating article from his possession and his name has transpired on the disclosure by a spy, co-accused Munna Alam @ Munna Dewan has been granted bail by this Court in Cr.Misc.No.14437/2021, petitioner has remained in jail in connection with this case since 12.05.2020, investigation against him is complete but the trial is not likely to be concluded in near future, in the two cases stated in paragraph '3' he is said to be on bail, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Bettiah, West Champaran in connection with Sathi P.S. Case No.25/2020, subject to the condition as laid down under Section 437 (3) Cr.P.C.

Patna High Court CR. MISC. No.281 of 2021(6) dt.05-07-2021 3/3 (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.