Altamas @ Bablu @ Md. Altamas Shahin v. The State Of Bihar

Patna High Court Cr.Misc. No.31489 of 2015 (3) dt.30-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31489 of 2015 Arising Out of PS.Case No. -121 Year- 2015 Thana -SHEKHPURA District- SEKHPURA ====================================================== Altamas @ Bablu @ Md. Altamas Shahin Son of Ainul Haide @ Ainul Hoda, resident of Ward No. 6, Mohalla - Tarehha, Sheikhpura, P.S. - Sheikhpura, District - Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Sheikhpura P.S. Case No. 121 of 2015 registered for the offences punishable under Sections 376, 354A,B,C, 406, 294 of the Indian Penal Code and Section 66A, 66 D and 67 (B) of the I.T. Act. Earlier case diary of the present was called for which has since been received.

Learned Sr. counsel for the petitioner submits that there is no cogent material whatsoever so as to implicate the petitioner in the present case. It is only on the basis of mere suspicion and the statement of one co-accused made before the police, name of

Patna High Court Cr.Misc. No.31489 of 2015 (3) dt.30-10-2015 the petitioner has been brought in this case and as such, petitioner is facing prosecution.

Learned counsel for the State after perusing the case diary submits that, save and except, the confessional statement of co-accused, there is no cogent material in the case diary to connect the petitioner with the offence, as stated in the first information report.

Considering the aforesaid submissions, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No. 121 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C..

(Anjana Mishra, J) Jagdish/- U T