Munna Khan @ Md. Sadique Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49843 of 2022 Arising Out of PS. Case No.-110 Year-2020 Thana- PIRPAINTI District- Bhagalpur ====================================================== MUNNA KHAN @ MD. SADIQUE ALAM S/o Md. Mustaque Ahmad R/o Gram- Chhoti Kodar Janna, P.S.- Mufassil, Distt.- Sahebganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anita Kumari Singh For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioner seeks bail in a case registered under Sections-147, 149, 341, 342, 337, 323, 427, 436, 307, 353, 504, 120B of the Indian Penal Code.

Prosecution case in short is that in course of checking overloading of vehicles on border, 100-150 persons came and tried to cross the overloaded truck in no entry zone and in consequence thereof, brick batting took place and hence, the accused persons tried to create obstruction in discharging the official duty.

Patna High Court CR. MISC. No.49843 of 2022(2) dt.22-12-2022 2/2 It has been submitted 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 24-03-2022. Charge sheet has already been submitted in this case. The petitioner is not named in the FIR. The name of the petitioner has transpired in the present case in confessional statement of co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above, 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 Additional Chief Judicial Magistrate-XI, Bhagalpur in connection with Pirpainti P.S. Case No. 110 of 2020. (Sudhir Singh, J) A.K.V.//- U T