Shamshad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 68608 of 2024 Arising Out of PS. Case No.-455 Year-2024 Thana- SONEPUR District- Saran ====================================================== Shamshad Alam Son of Nasruddin @ Nasaruddin Resident of Village - Kakrahat, P.S. - Derni, District- Saran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sashi Vats, Advocate Ms. Mili Kumari, Advocate For the State :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Sonepur PS. Case No. 455 of 2024 dated 01.06.2024, registered for the offences punishable under Sections 386, 504 and 506 of the Indian Penal Code.

3. As per the FIR, there is allegation that there was demand of Rs. 50,00,000/- as rangdari over call on the mobile no. 8083874928.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the mobile no. 8083874928 does

Patna High Court CR. MISC. No. 68608 of 2024(3) dt.18-01-2025 2/3 not belong to the petitioner. In fact, it belongs to a co-villager, Shahzad Alam.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in one other case.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Saran, Chapra, in connection with Sonepur PS. Case No. 455 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:

(i) In case, it is brought to the notice of the court

Patna High Court CR. MISC. No. 68608 of 2024(3) dt.18-01-2025 3/3 below that the petitioner has criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U