Md. Taaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15618 of 2020 Arising Out of PS. Case No.-12 Year-2019 Thana- MOKAMA RAIL P.S. District- Patna ====================================================== MD. TAAZ ALAM Son of Md. Ijaharul Hak, Resident of Village - Dubaha, Ward No.01, P.S.- Sahadei Bujurg (O.P), Dist.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 379 of the Indian Penal Code.

Allegedly, the purse of the informant containing three mobiles and other relevant documents was stolen away in course of travelling in the train.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The petitioner is not

Patna High Court CR. MISC. No.15618 of 2020(2) dt.08-07-2020 2/2 named in the FIR. After nine months of the occurrence, the name of the petitioner transpired in this case. There is no recovery of any incriminating article from possession of the petitioner. He has not been put on test identification parade.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional Chief Judicial Magistrate, Railway, Patna in connection with Rail Mokama P.S. Case No. 12 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T