Imteyaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8764 of 2019 Arising Out of PS. Case No.-454 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== IMTEYAZ ALAM, son of Sahmat Ali Resident of Village-Sekhauna, P.S.- Nautan (Jagdishpur), District-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 04.09.2018 in connection with Nautan (Jagdishpur) P.S. Case No. 454 of 2018 for offences punishable under Sections 414/34 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that the petitioner was apprehended with a motorcycle, which was alleged to be stolen one. It has been submitted by the learned counsel for the petitioner that he is innocent, the motorcycle is not stolen one but was purchased by his brother Sonu Alam from one Shambhu Chaudhary on payment of Rs. 42,500/- and a letter of sale was also given to the petitioner's brother, which is Annexure-2 dated

Patna High Court Cr.Misc. No.8764 of 2019(2) dt.15-02-2019 2/2 15.04.2018. It is further submitted that the petitioner bears no criminal antecedent and charge-sheet has already been submitted there being no allegation of tampering with the prosecution witnesses.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Nautan (Jagdishpur) P.S. Case No. 454 of 2018, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Rajesh/- U T