Altamas @ Md. Altamas @ Dipu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2308 of 2021 Arising Out of PS. Case No.-51 Year-2020 Thana- BALIA BELON District- Katihar ====================================================== ALTAMAS @ MD. ALTAMAS @ DIPU S/O MUSTAQUE ALAM R/O VILLAGE-SHAKARPUR, P.S. BALIA BELON, DISTRICT-KATIHAR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 395 & 412/34 of the Indian Penal Code and under Section 25 (1-b)a & 26/35 of the Arms Act.

Allegation against the petitioner is that he has been caught red handed on the spot as he got injured while committing the offence and could not be able to flee away.

Patna High Court CR. MISC. No.2308 of 2021(2) dt.09-03-2021 2/2 It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. No incriminating article has been recovered from his conscious physical possession neither the looted cash nor the arms as alleged in the prosecution case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal and has been languishing in custody since 20.05.2020.

Learned APP for the State opposed the bail petition.

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 lower Court where the case is pending in connection with Balia Belon P.S. Case No.51 of 2020.

(Anjani Kumar Sharan, J) Trivedi/- U T