Md. Imtiyaz Ahmad @ Md. Imtiyaj Alam @ Bholu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66182 of 2024 Arising Out of PS. Case No.-198 Year-2024 Thana- BALIYA District- Begusarai ====================================================== Md. Imtiyaz Ahmad @ Md. Imtiyaj Alam @ Bholu Son of Late Md. Mustak Ahamd Resident of Village- Ward No. 21, Lakhminia, P.S. -Ballia, DistrictBegusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abul Kalam, Advocate.
For the Opposite Party/s :
Mr.Md. Aslam Ansari, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-10-2024 Heard Mr. Abul Kalam, learned counsel appearing on behalf of the petitioner and Mr. Md. Aslam Ansari, learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Ballia P.S. Case No. 198 of 2024 for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. As per the allegation made in the F.I.R., the petitioner along with other co-accused were planning to commit crime. When the petitioner tried to flee away, he was apprehended and from his possession, one live and five empty cartridges were recovered.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has
Patna High Court CR. MISC. No.66182 of 2024(2) dt.01-10-2024 2/3 not committed any offence as alleged. Petitioner has clean antecedent and he is in custody since 19.06.2024. Similarly situated co-accused from whose possession arms were recovered has been enlarged on bail by learned District Court.
5. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.
6. Considering the nature of allegation and the fact that the similarly situated co-accused from whose possession arms were recovered has been enlarged on bail by learned District Court, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai in connection with Ballia P.S. Case No. 198 of 2024, subject to the following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.
7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner
Patna High Court CR. MISC. No.66182 of 2024(2) dt.01-10-2024 3/3 is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T