Imran Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24021 of 2022 Arising Out of PS. Case No.-367 Year-2020 Thana- JOKIHAT District- Araria ====================================================== IMRAN ALAM S/o Darab Resident of Village- Prasadpur Dumariya, P.S.- Jokihat (Mahalgoan), Dist.- Araria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-10-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned counsel for the informant.

The petitioner apprehends his arrest for the offences alleged under Sections 302, 201 and 34 of the Indian Penal Code, registered in connection with Jokihat (Mahalgaon) P.S.Case No. 367 of 2020.

There is allegation on co-accused Md. Arif and Dr. Warish that they murdered the son of the informant and threw his dead-body in the river.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.24021 of 2022(2) dt.12-10-2022 2/3 that the main accused Md. Arif and Dr. Warish against whom there was allegation of murder, have been acquitted in S.T.No. 240 of 2021, vide judgment and order passed by the Sessions Judge, Araria dated 10.01.2022. So far as this petitioner is concerned, there is allegation that he carried the dead-body by his tempo being in connivance with Md. Arif and Dr. Warish, the main accused. The petitioner is a person of clean antecedent. On the other hand, learned counsel for the informant has opposed the prayer for anticipatory bail and submitted that the petitioner remained absconder, as such, the trial of the case lingered for considerable long duration.

Considering the fact that the main accused persons have been acquitted, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, 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 Chief Judicial Magistrate, Araria in connection with Jokihat (Mahalgaon) P.S.Case No. 367 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C.

The petitioner shall appear physically on each and every date in the court below till framing of charge, unless

Patna High Court CR. MISC. No.24021 of 2022(2) dt.12-10-2022 3/3 there is unavoidable circumstances in his appearance. Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T