Tauqeer Alam @ Md. Taukir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 38366 of 2016 Arising Out of PS.Case No. -78 Year- 2016 Thana -KISHANGANJ District- KISANGANJ ====================================================== Tauqeer Alam @ Md. Taukir Alam, son of Abdul Razzaque, Resident of Village - Nunia Toli, Police Station and District - Kishanganj. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Rashid Alam For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

17-09-2016 Heard Mr. Md. Rashid Alam, learned counsel for the petitioner and Sri Jitendra Kumar Singh, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Kishanganj P.S. Case No. 78 of 2016 registered for offence under Sections 447, 435, 506, 34 of the Indian Penal Code, has prayed for grant of bail in the event of his arrest or surrender. By way of referring to F.I.R., learned counsel for the petitioner submits that on an allegation made by own uncle of the petitioner, the present F.I.R. was lodged for offences, which were all bailable i.e. Sections 447, 435, 506 & 34 of the Indian Penal Code. However, during investigation, it was high-handedness of the police that police arrested father and cousin of the petitioner and in bailable offence, before forwarding them to the court, the

Patna High Court Cr.Misc. No.38366 of 2016 (2) dt.17-09-2016 2/2 investigating officer filed an application before the court below for addition of Section 436 in place of Section 435 of the Indian Penal Code, only with a view to justify the arrest and forwarding them before the Magistrate. Thereafter, Section 436 of the Indian Penal Code has been added. He submits that since non-bailable offence was added on 15-06-2016, whereas, the F.I.R. was lodged on 20-03-2016, the petitioner deserves to be granted anticipatory bail. Keeping in view the fact that F.I.R. was lodged for offences, which were bailable and after long delay, Section 436 of the Indian Penal Code has been added, the Court is of the opinion that it is a fit case for extending the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Tauqueer Alam @ Md. Taukir Alam be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, District - Kishanganj in connection with Kishanganj P.S. Case No. 78 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J.)