Md. Belal Zamal @ Belal Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50265 of 2024 Arising Out of PS. Case No.-211 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Md. Belal Zamal @ Belal Alam son of Jalaluddin Ansari VillageBabhnauliya at Present Govindpur Ps- Turkauliya Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Turkauliya P.S. Case No. 211 of 2024 , registered 18.10.2018, for the alleged offence under Section 188 of the Indian Penal Code and Section 25(9) of the Arms Act.

03. As per prosecution case, photographs of the petitioner went viral in which the petitioner was brandishing revolver, pistol and SLR.

04. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The police investigated the matter and searched the house of the petitioner but no fire arm was recovered. Though, there is

Patna High Court CR. MISC. No.50265 of 2024(3) dt.25-09-2024 2/3 allegation that the photograph of the petitioner went viral on social media, the same was not uploaded with any I.D. connected with the petitioner. In fact, some persons, inimical the petitioner have morphed the photograph with the help of computer and uploaded the same on social media. It is further submitted that the petitioner is a student of Para Medical course and is having no criminal antecedent.

05. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the remoteness of allegation and further considering the possibility of false accusation, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran/court concerned in connection with Turkauliya P.S. Case No. 211 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

Patna High Court CR. MISC. No.50265 of 2024(3) dt.25-09-2024 3/3 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Jagdish/- U T