Dulare Alam @ Momtaj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51487 of 2024 Arising Out of PS. Case No.-531 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Dulare Alam @ Momtaj Alam Son of Sheikh Allauddin @ Alauddin Resident of village - Harbolwa, P.S.- Chiraiya, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Town P.S. Case No. 531 of 2023 registered for the offence punishable under sections 414, 420, 465, 468, 471/34 of the Indian Penal Code.

3. As per FIR, co-accused Jay Ram Kumar is alleged to have been apprehended on spot with a stolen motorcycle bearing registration no. BR66B-1256,and disclosed the name of the petitioner as his associate.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.51487 of 2024(2) dt.19-07-2024 2/2 case on the disclosure of co-accused Jay Ram Kumar who apprehended on spot. Nothing has been recovered from this petitioner rather the alleged motorcycle was recovered from coaccused Jay Ram Kumar who has already been enlarged on regular bail by this Court vide order dated 1.11.2023 passed in Cr. Misc. No. 69056 of 2023. He has got no criminal antecedent as stated in para-3 of the bail petition.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Town P.S. Case no. 531 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T