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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71263 of 2021 Arising Out of PS. Case No.-404 Year-2020 Thana- FALKA District- Katihar ====================================================== MUNNA ALAM @ MD. MUNNA ALAM, Son of Late SK. Wajul Haque Resident of Village - Musapur, P.S.- Korha, District - Katihar presently resided at village - Rajdhani, P.S.- Falka, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Falta (Pothiya) P.S. Case No. 404 of 2020, registered for the offences punishable under Section 392 of the Indian Penal code. According to prosecution case, on 08.12.2020, the informant was going towards Dumar with his friend namely, Sanjiv Kumar by motorcycle, in way two miscreants arrived there and taken away the bag of informant containing with cash of Rs. 1,50,000/-, one Tab, Adhar Card and Pan Card etc.

Patna High Court CR. MISC. No.71263 of 2021(3) dt.12-05-2022 2/3 Thereafter, the informant informed to the police about the occurrence.

Learned counsel for the petitioner submits that petitioner is not named in the FIR and the name of the petitioner has been transpired on the basis of the self-confessional statement of the petitioner. He further submits that nothing has been recovered from the conscious possession of the petitioner and till date no TI Parade has been conducted by the prosecution and the police after investigation submitted a chargesheet against the petitioner and the petitioner is in custody since 05.01.2021.

The learned Additional Public Prosecutor opposed the prayer of bail submitting that petitioner carries six criminal antecedents.

Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named, 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 the learned Additional Chief Judicial MagistrateI, Katihar, in connection with Falta (Pothiya) P.S. Case No. 404 of 2020, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.71263 of 2021(3) dt.12-05-2022 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. 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.

(Rajesh Kumar Verma, J) sanjeev/- U T