Imtiaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1452 of 2022 Arising Out of PS. Case No.-137 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== IMTIAZ ALAM S/o Late Salim Mian Resident of Mahnakuli, P.S.- Chanpatia, District- West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Kumar, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-05-2022 Heard Mr. Prashant Kumar, learned counsel for the petitioner and Mr. Abhay Kumar, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Bettiah Town (Kalibagh OP) PS Case No. 137/2021 registered for the offence punishable under Sections 413, 414 of the IPC and Sections 25(1-b) a, 26, 35 of the Arms Act. The police on the basis of secret information that some miscreants after committing robbery took shelter in the lodge at Jhilliya Chhawani proceeded towards the place of occurrence and conducted a raid. Upon seeing the police party, two persons tried to flee away, however, they were arrested who disclosed their name as Imtiaz Alam (petitioner) and Rohit Rai

Patna High Court CR. MISC. No.1452 of 2022(2) dt.24-05-2022 2/3 and from possession of the petitioner one loaded country made pistol along with a mobile was recovered.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to oblique motive. He next submits that the co-accused, Rohit Rai who was arrested along with the petitioner has been granted bail by the court below itself vide B.P. No. 2573/2021. It is also submitted that one another co-accused, namely, Vinay Kumar has also been granted bail by this Court vide Annexure-2. Petitioner is in custody since 27.02.2021 and he has not been put on test identification parade.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner is in custody 27.02.2021, he has not been put on test identification parade and the co-accused persons have been granted bail by the learned lower court and this Court respectively, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, IMTIAZ ALAM be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.1452 of 2022(2) dt.24-05-2022 3/3 satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town (Kalibagh OP) PS Case No. 137/2021.

(Anil Kumar Sinha, J) perwez U T