Amanullah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68169 of 2024 Arising Out of PS. Case No.-88 Year-2024 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Amanullah S/O Anishur Rahman Resident of Village- Chand Mohan , P.O and P.S- Kundwa Chainpur, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar Agrawal For the Opposite Party/s :
Ms. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-09-2024 Learned counsel for the petitioner is directed to make necessary correction at Paragraph 1 as well as in the prayer portion of the main bail petition regarding the name of police station. 2.Heard learned counsel for the petitioner as well as learned APP for the State.
3. In this case, the petitioner is seeking regular bail in connection with Kundwachainpur P.S. Case No. 88 of 2024, registered for the offences punishable under Section 392 of the IPC.
4. As per prosecution case, on 22.06.2024, at about 03.05 pm, after delivering goods, the informant was going to Rupahara with sales amount of Rs. 1,61,538/-. In the way, three unknown persons came there on motorcycle, snatched the bag containing the alleged amount and fled away.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.68169 of 2024(2) dt.30-09-2024 2/2 present case. He further submits that the petitioner was not present at the spot and no incriminating article was recovered from his possession. It is further submitted that the petitioner is a person of clean antecedent and he is under custody since 30.06.2024.
6. On the other hand, learned APP for the State has vehemently opposed the prayer for bail.
7.
Considering the above-mentioned facts and circumstances, the petitioner, above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Dhaka, Motihari, East Champaran in connection with Kundwachainpur P.S. Case No. 88 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
7. Before accepting the bail bond, the learned court below shall verify the criminal antecedent of the petitioner and if it is found that he is involved in any case other than the present one, his bail bond shall not be accepted. It is hereby made clear that the criminal antecedent of the petitioner must be verified within one month from the date of receipt of this order. (Nawneet Kumar Pandey, J) priyanka/- U T