Ahkam @ Md Ahkam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68638 of 2021 Arising Out of PS. Case No.-529 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== Ahkam @ Md Ahkam, S/o Md. Sizam @ Md. Siyaz, Resident of VillageDholbazza, Ward No.05, P.S.- Forbesganj, District- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisuzzoha, Advocate For the Opposite Party/s :
Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-09-2022 Heard learned counsel for the petitioner and learned APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Forbesganj P.S. Case No. 529 of 2021 registered for the alleged offences under Sections 3(ii) (a) (b), 4, 5 and 7 of the Immoral Traffic Act.
As per prosecution case, a raid was conducted by the police on getting information about running of prostitution business in some areas. The petitioner was apprehended along with a number of co-accused persons.
The learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.68638 of 2021(3) dt.21-09-2022 2/3 petitioner is innocent and has been falsely implicated in this case. He has been arrested in this case merely on suspicion. No one has made any allegation against this petitioner that he has indulged in any type of illegal activity. Petitioner is a student aged about 21 years. Other co-accused persons have been granted bail by a Co-ordinate Bench of this Court vide order dated 05.04.2022 passed in Cr. Misc. No. 57383 of 2021, order dated 12.04.2022 passed in Cr. Misc. No 59839 of 2021 and order dated 18.04.2022 passed in Cr. Misc. No. 60806 of 2021. The petitioner is in custody since 20.07.2021 and the chargesheet has been submitted in this case. The petitioner has got clean antecedent.
Learned APP opposes the prayer for bail.
Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioner along with his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 529 of 2021, subject to the conditions mentioned in Section
Patna High Court CR. MISC. No.68638 of 2021(3) dt.21-09-2022 3/3 437(3) of the Code of Criminal Procedure and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T