Ashraf Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35623 of 2024 Arising Out of PS. Case No.-1206 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Ashraf Alam Son of Akhtar Ali @ Akhatar Ali Resident of Village - Bada Baudha, P.S.- Sugauli, District - East Champaran, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Fakhruddin Ali Ahmad, Adv.

For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Turkauliya 1206 of 2022 registered for the offences punishable under Section 392 of the Indian Penal Cod.

3. As per prosecution case, the accusation against the petitioner is of being involved in committing loot of cash and other valuable articles from the Informant while he was returning after collecting the money.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.35623 of 2024(2) dt.09-05-2024 2/3 the present case. The petitioner is not named in the F.I.R. and his name has surfaced in this case on the basis of confessional statement of co-accused Pritam Paswan. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent in which he is on bail as has been stated in paragraph no.3 of the present bail application. The petitioner has no concern with the alleged occurrence.

5. Learned counsel for the petitioner further submits that the co-accused Amit Kumar has been granted regular bail by this Court vide order dated 01.05.2024 passed in Cr. Misc. No. 33204 of 2024.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of

Patna High Court CR. MISC. No.35623 of 2024(2) dt.09-05-2024 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Turkauliya 1206 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Rudra Prakash Mishra, J) rishi/- U T