Asif Iqbal @ Asif Iquebal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31448 of 2019 Arising Out of PS. Case No.-133 Year-2017 Thana- BAHADURGANJ District- Kishanganj ====================================================== Asif Iqbal @ Asif Iquebal, Son of Tawhid Ahmad @ Tauhid Ahmad, resident of Satal Istamrar, P.S-Bahadurganj, District-Kishanganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-05-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 420, 467, 468 & 471 of the Indian Penal Code.

On the basis of the F.I.R. lodged by the petitioner about heist stock of 45 mobiles from his shop, police investigated the matter and during the course of investigation of the case the father of the petitioner, namely, Tawhid Ahamad was found to be using one of the mobiles by using SIM card issued in his name on the basis of photograph of other person. Learned counsel for the petitioner submitted that no such occurrence as alleged ever took place. The petitioner is

Patna High Court CR. MISC. No.31448 of 2019(2) dt.15-05-2019 2/2 quite innocent and has been falsely implicated in this case. As a matter of fact, he happens to be informant of the aforesaid case. He never used the aforesaid SIM card and has no knowledge of use of the said SIM card by his father in one of his stolen mobile. The petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Bahadurganj P.S. Case No. 133 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) Trivedi/- U T