Tanbir Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42800 of 2024 Arising Out of PS. Case No.-387 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== Tanbir Alam Son of Sheikh Kuraish R/O Village- Jaukatiya, Purana Tola, P.S.- Majhauliya, District- West Champaran ... ... Petitioner/s
Versus
The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey For the Opposite Party/s :
Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Majhauliya P.S. Case No. 387 of 2022 dated 29.05.2022 registered for the offence/s punishable u/ss 399, 400, 401, 402, 403, 411, 413, 414, 419, 420, 467, 468, 471, 472, 379, 120B of the Indian Penal Code and u/s 66, 66C of the IT Act.
3. As per the prosecution case, the police, on a secret information, intercepted a Scorpio Vehicle bearing registration No. BR-05Q-0077 and also apprehended two persons, namely, Prakash Kumar and Brij Kishore, while two other persons succeeded in fleeing away. On search, several passbooks, cheque books, ATM Cards of different banks, Laptop, Mobile
Patna High Court CR. MISC. No.42800 of 2024(2) dt.06-09-2024 2/3 Phones with SIMs and Aadhar Card were recovered from the said vehicle. It is further alleged that three ATM Cards of different banks and one Mobile phone were also recovered from the pocket of co-accused Brij Kishore Kumar.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner was not present at the place of occurrence. The petitioner has no concern with the alleged vehicle. Similarly situated co-accused has already been granted anticipatory bail by this court vide order dated 06.02.2023 passed in Cr. Misc. No. 64953 of 2022. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bettiah, West
Patna High Court CR. MISC. No.42800 of 2024(2) dt.06-09-2024 3/3 Champaran in connection with Majhauliya P.S. Case No. 387 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T