Md. Alkama @ Welcome v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57516 of 2025 Arising Out of PS. Case No.-374 Year-2015 Thana- GHORASAHAN District- East Champaran ====================================================== Md. Alkama @ Welcome S/o Salauddin @ Md. Salauddin R/o Village - Ahamd Nagar, Ghorasahan, P.S - Ghorasahan, 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 :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under section 457, 380 and 411 of IPC . 3 . As per the prosecution case , informant namely Md. Javed Alam alleged that on 16.10.2015 at about 12 AM in the night Rs. 34,500/- three mobile , keys of shop, motorcycle were stolen from house of informant and he saw that door of guest room was opened. Accordingly, the F.I.R. was lodged against unknown .

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged. Petitioner is not named in the F.I.R. No incriminating materials

Patna High Court CR. MISC. No.57516 of 2025(2) dt.30-08-2025 2/2 has been recovered from the possession of this petitioner. The name of the petitioner transpired during course of investigation in the confessional statement of co-accused persons namely Raj Kumar Paswan . Except confessional statement, there is nothing on record to show the complicity of this petitioner in the alleged occurrence . Petitioner claims clean antecedent. 5 . Learned counsel for the State opposed the prayer for bail and submitted that from bare perusal of impugned order, it is apparent that the present F.I.R. was instituted in the year 2015 and petitioner has moved before this Court for anticipatory bail after lapse of more than 10 years for which there is no plausible explanation .

6. Considering the nature of accusation , delay in moving the anticipatory bail before this Hon'ble Court i. e ,. after lapse of more than 10 years, criminal antecedents of the petitioner and and circumstances of the case , prayer for prearrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Koushik/- U T