Imtiyaz Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28660 of 2018 Arising Out of PS. Case No.-416 Year-2017 Thana- TURKAULIYA District- East Champaran ====================================================== Imtiyaz Ahmad S/o Kamal Ahmad, R/o Vill.- Balahi, P.S.- Turkauliya, District- 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 :

Smt. Anusuiya Jaiswal APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Turkauliya P.S. case no. 416 of 2017 instituted for the offence under Section(s) 384 and 120B of the Indian Penal Code.

Allegation in the written report is that informant received envelop from an unknown person in which threatening was given to to him for the demand of Rs. 10 lacs as Rangdari and the mobile number was also mentioned in the aforesaid letter to make contact by the petitioner. Petitioner has been made accused during investigation as the holder of one of the mobile phone.

The petitioner has been made accused merely on suspicion. It is mentioned in para 3 of the bail petition that

Patna High Court Cr.Misc. No.28660 of 2018(2) dt.15-05-2018 2/2 petitioner has clean antecedents.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Turkauliya P.S. case no. 416 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari (East Champaran) subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) shyambihari/- U T