Aftab Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63893 of 2021 Arising Out of PS. Case No.-432 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== AFTAB ALAM, S/o- Jokhu Dewan R/o Village- Siswa Tola, Amwa, P.S.- Banjariya, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Naushad Uzzoha For the Opposite Party/s :
Mr. Rama Anurag Singh For the informant :
Mr. Umesh Kumar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-03-2022 Heard the learned counsel for the petitioner, the learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered for the offences under Section 341, 323, 327, 307 120B and 34 of the Indian Penal Code. The learned counsel submits that the chargesheet has been submitted under Sections 341, 324, 307, 120B and 34 of the I.P.C.
The learned counsel for the petitioner submits that the petitioner is in custody since 27.07.2021, he is a person with clean antecedent, charge-sheet has been submitted and the informant alleges that accused, Aaftab Alam (petitioner), came to her house and took her son Pradeep on pretext of returning his money which was stolen from his mobile and credited in his
Patna High Court CR. MISC. No.63893 of 2021(2) dt.30-03-2022 2/3 account, further Ranjeet came and informed at about 11 P.M. to the informant that the named accused persons including the petitioner along with 2-3 unknown accused are trying to kill her son, on which the informant along with family members came to the P.O. and saw that some persons were trying to stop the blood, further it is alleged that from the P.O., they recovered mobile of Pradeep and Aaftab along with two razors and sleppers of Aftab which was handed over to the police, further the mobile phone of mother of Aaftab also handed over the police to investigate about the role of Tunna Miyan in the occurrence, further, it is alleged that the injured was admired in the hospital for treatment.
The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, informant is not an eye witness to the occurrence, it is further submitted that Ranjeet Kumar falsely implicated the petitioner by giving wrong information to the informant about the occurrence.
The learned A.P.P. as well as learned counsel for the informant vehemently oppose the bail application. Learned counsel for the informant submits that from the place of occurrence mobile of Aaftab along with two razors and sleepers
Patna High Court CR. MISC. No.63893 of 2021(2) dt.30-03-2022 3/3 of Aaftab were recovered, it is further submitted that the victim after recovering gave statement before the police wherein he has specifically alleged that Aaftab and Tunna Miyan committed the occurrence.
Considering the submissions made by learned APP and learned counsel for the informant, the Court, for the present, is not inclined to grant bail to the petitioner, therefore, the prayer for bail of this petitioner is rejected. (Satyavrat Verma, J) sanjeev/- U T