Md. Imran Zaki @ Banty v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57420 of 2022 Arising Out of PS. Case No.-59 Year-2022 Thana- HABIBPUR District- Bhagalpur ====================================================== MD. IMRAN ZAKI @ BANTY Son of Md. Zaki Ahmad Resident of Village - Chambelichak, Police Station- Habibpur, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code pending in the learned Court below.

Allegation against the petitioner is that he has sold the Airtel SIM on the basis of forged documents.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that the said SIM is not activated by the

Patna High Court CR. MISC. No.57420 of 2022(2) dt.20-12-2022 2/2 company and petitioner is a retailer of the Airtel Company. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioner are serious in nature, hence he does not deserve anticipatory bail.

Considering the facts and circumstances of the case, I am not inclined the enlarge the petitioner on bail in connection with Habibpur P.S. Case No.59/2022. Accordingly, his prayer for anticipatory bail is hereby rejected.

The petitioner is directed to surrender before the learned Court below, the same shall be considered by the learned Court below on the same day without being prejudiced by this order considering the fact that there is no specific overt act against the petitioner.

(Anjani Kumar Sharan, J) ajay/- U T