Irfan Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42824 of 2024 Arising Out of PS. Case No.-1081 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== IRFAN ALAM S/O HAMID ANSARI R/O VILLAGE- JAISINGHPUR BABUTOLA, P.S- TURKAULIYA, DISTT.- EAST CHAMPARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-11-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner apprehends arrest in connection with Turkauliya P.S. Case No.1081 of 2023 registered for the offence under Sections 379/34 of the Indian Penal Code.

3.

The allegation against the petitioner along with other co-accused persons is to have taken away a motorcycle bearing registration no. BR05R0507 belongs to the informant.

4.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.42824 of 2024(4) dt.29-11-2024 2/3 petitioner submits that the petitioner has falsely been implicated in the present case. It is submitted that the petitioner is named in the FIR, where, his name surfaced on the basis of suspicion. It is submitted that during course of investigation the said motorcycle has been recovered from the possession of Raja Kumar. It is submitted that nothing incriminating has been surfaced during course of investigation against this petitioner which may connect him with the present set of occurrence. It is submitted that petitioner is a man of clean antecedent. 5.

Learned APP appearing on behalf of the State, opposes the prayer of bail of the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, submissions made on behalf of the petitioner and as it appears from case diary that nothing has been recovered from the possession of this petitioner and as the said motorcycle has been recovered from the possession of Raja Kumar, let the above-named petitioner be released on anticipatory bail in the event of his arrest or surrender before the trial court within a period of six weeks from today on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-6th, Motihari, East Champaran, in connection with Turkauliya P.S.

Patna High Court CR. MISC. No.42824 of 2024(4) dt.29-11-2024 3/3 Case No.1081 of 2023 subject to the condition laid down under Section 438(2) of Cr.P.C.

(Ramesh Chand Malviya, J) S.Katyayan/- U T