Md. Mahtab Alam @ Md. Mahtab v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61976 of 2019 Arising Out of PS. Case No.-155 Year-2019 Thana- KASIMBAZAR District- Munger ====================================================== MD. MAHTAB ALAM @ MD. MAHTAB Son of Md. Fakaruddin Resident of Village - Mansari Talle, P.S.- Kasimbazar, Dist.- Munger. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-09-2019 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Kasimbazar P.S.Case no.155 of 2019 registered for offences punishable under Section 394 of the Indian Penal Code.
As per FIR, some miscreants accosted the informant, fired and snatched the bag of the collection of Rs.6,31,000/- , petitioner is not named in the FIR and later on his name transpired on the confession of the co-accused . Submission of the learned counsel for the petitioner is that except the confessional statement, there is nothing against him.
Heard learned A.P.P. , who has opposed the prayer for bail on the ground that the name of the petitioner transpires in the
Patna High Court CR. MISC. No.61976 of 2019(2) dt.27-09-2019 2/2 confessional statement and the impugned order shows that he was involved in the distribution of the looted money as per the impugned order..
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.
With the aforesaid direction, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T