Patna High CourtCR. MISC./3456/2017allowed

Mukhtar Alam @ Mukhtar v. The State Of Bihar

2017-06-28Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.3456 of 2017 (7) dt.28-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3456 of 2017 Arising Out of PS.Case No. -358 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================

1. MUKHTAR ALAM @ MUKHTAR, S/o Masood Alam, Village- Islam Nagar, P.S.- Araria, District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Anil Kumar Singh-1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-06-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Jokihat Police Station Case No. 358 of 2016, disclosing offences under Sections 341, 386, 420 of the Indian Penal Code and section 30-A of the Bihar Excise (Amendment) Act., 2016. Learned counsel for the petitioner has submitted that the petitioner is innocent and has not committed any offence. In fact, the petitioner has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner nor the petitioner has been arrested on the spot. Moreover, seizure list itself discloses that the alleged recovery has been made from the alleged vehicle, which also does not

Patna High Court Cr.Misc. No.3456 of 2017 (7) dt.28-06-2017 belong to the petitioner. Moreover, no cogent material has come in the case diary against the petitioner for demanding ransom from his mobile. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released 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 Additional Chief Judicial Magistrate-II, Araria, in connection with Jokihat Police Station Case No. 358 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

brajesh/- (Arvind Srivastava, J.) U T