Taki Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32638 of 2024 Arising Out of PS. Case No.-759 Year-2023 Thana- ARARIA District- Araria ====================================================== Taki Alam, Son of Ashlam @ Aslam, R/O Village- Dehti, Ward No. 08, P.S.- Palasi, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Araria (Bairgachhi) P.S. Case No. 759 of 2023 for the offences under Section 379 of the Indian Penal Code and later on Section 411 IPC was added.

3. As per prosecution case, the motorcycle of the informant was stolen and the name of the petitioner transpired as one of the miscreants involved in the occurrence.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person/possession of the petitioner. Except for the confessional statement of co-accused Nadir Hussain, no material has come up

Patna High Court CR. MISC. No.32638 of 2024(3) dt.31-07-2024 2/3 against the petitioner to connect him in the offence as alleged. In similar matter, the petitioner has been made accused in another case in which he has been granted anticipatory bail.

5. The learned A.P.P. vehemently opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the nature of allegation and absence of supporting material to corroborate the offence as alleged against the petitioner and further considering the possibility of false implication, let the petitioner above named in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Araria (Bairgachhi) P.S. Case No. 759 of 2023, subject to the condition laid down under Section 438(2) of the code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on

Patna High Court CR. MISC. No.32638 of 2024(3) dt.31-07-2024 3/3 each and every date fixed by the below, if so required by the learned trial court.

(Arun Kumar Jha, J) V.K.Pandey/- U T