Ziauddin @ Zia Alam @ Md. Jiyauddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76393 of 2023 Arising Out of PS. Case No.-290 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Ziauddin @ Zia Alam @ Md. Jiyauddin Son Of Bashir Resident Of Village - Basmatiya, Ward No.6, P.S. - Narpatganj, 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. Md. Ataur Rahman, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
3. The petitioner is apprehending his arrest in connection with Forbesganj P.S Case No. 290 of 2023 dated 06.04.2023 registered for the offence punishable u/ss 489(a), 489(b) and 489(c) of the Indian Penal Code.
4. As per the prosecution case, police apprehended the co-accused persons with counterfeited notes of 100 and
Patna High Court CR. MISC. No.76393 of 2023(2) dt.02-12-2023 2/3 200.
5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that the co-accused persons disclosed the name of the petitioner, who delivered the consignment of the counterfeited notes. Learned counsel has further submitted that no incriminating article has been recovered either from the possession of the petitioner or from the house of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. 7.
Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Araria in connection with Forbesganj P.S. Case No. 290 of 2023, subject to conditions as laid down under section 438(2) of
Patna High Court CR. MISC. No.76393 of 2023(2) dt.02-12-2023 3/3 the Code of Criminal Procedure.
8. The application stands allowed.
(Chandra Prakash Singh, J) Nilmani/- U T