Imteyaz Ahmad Karimi @ Md. Imteyaz Karimi v. The State Of Bihar Through The Vigilance, Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22025 of 2016 Arising Out of PS.Case No. -57 Year- 2009 Thana -C.B.I CASE District- PATNA ====================================================== Imteyaz Ahmad Karimi @ Md. Imteyaz Karimi Son of Late Ashfaque Ali Resident of village - Rampur Sahgari, P.S. Aurai, District - Muzaffarpur .... .... Petitioner
Versus
The State of Bihar through the Vigilance, Bihar, Patna .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rashid Izhar, Advocate : Mr. Sharad Shekhar, Advocate : Mr. Tabish Sarfuddin, Advocate For Vigilance : Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Vigilance P.S. Case No. 57 of 2009, disclosing offences under Sections 467, 468, 471, 477A, 420, 409, 120B of the Indian Penal Code and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act.
Learned counsel for the petitioner has submitted, and which has not been disputed by learned counsel for the Vigilance that upon completion of investigation, charge-sheet
Patna High Court Cr.Misc. No.22025 of 2016 (4) dt.12-07-2016 2/3 have been submitted against other accused persons but not against the present petitioner. So far the present petitioner is concerned; no material could be collected in course of investigation showing his involvement.
Learned counsel for the petitioner has submitted that despite submission of the final form by the police showing the petitioner not involved in commission of offence, learned Special Judge has taken cognizance and issued summons against the petitioner also because of which he apprehends his arrest.
Considering the facts and circumstances of the case, this application is allowed. Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released 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 Special Judge, Vigilance, 1st, Patna, in connection with Vigilance P.S. Case No. 57 of 2009, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to
Patna High Court Cr.Misc. No.22025 of 2016 (4) dt.12-07-2016 3/3 appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) ajaypd./- U T