Md. Imtiyaz @ Imtiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51067 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- SHASTRINAGAR District- Patna ====================================================== Md. Imtiyaz @ Imtiyaz Son of Md. Masrur Alam R/O- Mehndi Nagar, Samanpura, Raja Bazar, P.S.- Shastri Nagar, P.O.- B.V. College, Distt.- Patna800014 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Shastri Nagar P.S. Case No. 31 of 2024, instituted under Sections 379, 411, 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, petitioner along with co-accused were trying to steal a motorcycle in the apartment of the informant. Co-accused Md. Raju was caught on the spot and the petitioner fled away from there. Name of the petitioner transpired in the confessional statement of co-accused, Md. Raju, who was apprehended on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.51067 of 2024(2) dt.31-08-2024 2/2 case on the basis of confessional statement of co-accused. Petitioner has no concern with the co-accused. Petitioner was neither present on the spot nor any incriminating article has been recovered from the petitioner. Petitioner has one criminal antecedent in which he is on bail. Except the confessional statement, there is no material against the petitioner. He undertakes to co-operate in the investigation.

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

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Shastri Nagar P.S. Case No. 31 of 2024, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T