Imteyaj Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12146 of 2023 Arising Out of PS. Case No.-387 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== 1.
IMTEYAJ ALAM Son of Kalam Mian @ Kalam Ansari Resident of VillageJawkatia, P.S.- Majhaulia, District- West Champaran 2.
NEYAL ALAM Son of Kalam Mian @ Kalam Ansari Resident of VillageJawkatia, P.S.- Majhaulia, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-04-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in a case, registered for the offence punishable under sections 399/ 400/ 401/ 402/ 403/ 411/ 414/ 419/ 420/ 467/ 468/471/472/379/ 120B of the IPC and 66/66(c) of I.T. Act.
As per the prosecution case, 12 ATM cards, two mobile phone, two Pan Cards, one Aadhar Card and some other articles were recovered from two persons apprehended by the police. They disclosed the name of 40 other persons including the petitioners who are involved with one Alok Kumar Yadav for whom they used to arrange ATM Cards.
Patna High Court CR. MISC. No.12146 of 2023(2) dt.27-04-2023 2/3 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. Petitioner was neither present on the spot nor any recovery has been made from his conscious physical possession. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. His name transpired in this case only on the basis of confessional statement of the co-accused namely Prakash Kumar and Brij Kishor Kumar. The co-accused Alok Kumar Yadav has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 06.02.2023 passed in Cr. Misc. No.64953 of 2022. Petitioners have no criminal antecedent.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the main assailant has been granted anticipatory bail, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection
Patna High Court CR. MISC. No.12146 of 2023(2) dt.27-04-2023 3/3 with Majhaulia P.S. Case No.387 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T