Md. Yunus v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61459 of 2021 Arising Out of PS. Case No.-180 Year-2021 Thana- KADWA District- Katihar ====================================================== MD. YUNUS S/O KURHAN ALI R/o- Kursel, P.S.- Kadwa, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-07-2022 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 Kadwa P.S.Case No. 180 of 2021. As per allegation, when the informant was going by his motor-cycle, three unknown persons by a motor-cycle overtook him and stopped. At the point of pistol, they snatched his PAN Card and Aadhar Card etc. and also took away his motor-cycle and mobile set.

The learned counsel for the petitioner has submitted that he is not named in the FIR and nothing was recovered from his possession. During the course of investigation, co-accused Saidur Rahman was arrested and he disclosed the name of the

Patna High Court CR. MISC. No.61459 of 2021(2) dt.18-07-2022 2/2 petitioner in his confessional statement. He has submitted further that there is nothing against the petitioner, except the confessional statement of co-accused.

Paragraph no.3 of the bail petition shows that the petitioner has criminal antecedents of two cases of similar nature i.e. under Section 394 of the IPC and Section 25(1b)/a/26/35 of the Arms Act. Considering the above facts and circumstances as well as the criminal antecedents of the petitioner, I do no think it a fit case for anticipatory bail to the petitioner. His prayer for anticipatory bail is hereby rejected.

The petitioner is directed to surrender in the court below and pray for regular bail.

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

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