Allowed

MD Alam Gir @ Alam @ MD Alam Gir Alam v. the State of Bihar

Patna HC1 Sept 2021CR. MISC./30009/2021

Case brief

AI extract

What is this about?

The Patna High Court granted regular bail to the petitioner in a robbery and aggravate theft case under Sections 395 and 397 IPC. The court noted the trial delay due to the pandemic and the petitioner's long custody, allowing bail upon furnishing bonds and sureties with conditions to ensure court appearance.

What did the court decide?

Petitioner released on bail upon furnishing bond of Rs. 25,000 with two sureties of Rs. 25,000 each, subject to regular court attendance.

MD Alam Gir @ Alam @ MD Alam Gir Alam Vs the State of Bihar — Bail and Remand | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30009 of 2021

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Arising Out of PS. Case No.-179 Year-2019 Thana- AMAUR District- Purnia

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======================================================

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MD ALAM GIR @ ALAM @ MD ALAM GIR ALAM, Son of Md. Khalil @ Khali Resident of Village - Dalmalpur, P.S. Amour, District - Purnea.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Ashok Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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3 01-09-2021

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Heard Mr. Bijendra Kumar Singh, learned counsel

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for the petitioner and Mr. Ashok Kumar, learned Additional Public Prosecutor for the State.

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The petitioner seeks regular bail in connection with Amour Police Station Case No. 179 of 2019, registered for the offences punishable under Sections 395, 397 of the Indian Penal Code.

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This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court vide order dated 19.10.2020, passed in Criminal Misc. No. 22989 of 2020, giving liberty to the petitioner to renew his prayer for bail after six months, if the trial does not show any progress.

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This Court vide order dated 28.07.2021 had called for

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Patna High Court CR. MISC. No.30009 of 2021(3) dt.01-09-2021 2/3

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a report regarding the stage of trial and in pursuance thereof, Judicial Magistrate, Ist Class, Purnea has submitted report vide letter No.232 dated 27.08.2021, stating therein that the case is likely to be committed in the last week of August, 2021.

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The allegation as per the First Information Report, is that on 25/26.11.2019 about 10-15 miscreants entered into the house of the informant by breaking lock of the grill and after having overpowered the informant and his wife, they assaulted them with iron rod, katta,kathi etc and looted ornaments and Rs.1,00,000/- cash. It has further been alleged that they also assaulted son of the informant and looted the goods being kept for marriage of the daughter of the informant.

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Learned counsel for the petitioner submits that the name of the petitioner has transpired on the basis of confessional statement of the co-accused and the petitioner is in custody since 29.11.2019 and the trial is not likely to be concluded in near future due to COVID-19 pandemic.

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Regard being had to the submission advanced on behalf of the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 29.11.2019, the trial is not likely to be concluded in near future due to COVID-19 pandemic and this the second attempt on

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Patna High Court CR. MISC. No.30009 of 2021(3) dt.01-09-2021 3/3

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behalf of the petitioner for grant of regular bail, I am inclined to grant regular bail to the petitioner.

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This application is, accordingly, allowed.

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Let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Purnea, in connection with Amour Police Station Case No. 179 of 2019, on the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

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It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

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(Anil Kumar Sinha, J)

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sanjeev/-

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U T

MD Alam Gir @ Alam @ MD Alam Gir Alam v. the State of Bihar

Case brief

What is this about?

What did the court decide?

MD Alam Gir @ Alam @ MD Alam Gir Alam v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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