Md. Illiyas Alam vs The State Of Bihar on 3 February, 2016

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Patna High Court - Orders

Md. Illiyas Alam vs The State Of Bihar on 3 February, 2016

Bench: Dinesh Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.5553 of 2016
                    Arising Out of PS.Case No. -133 Year- 2015 Thana -BARURAJ District- MUZAFFARPUR
                 ======================================================
                 Md. Illiyas Alam Son of Md. Karmuddin Ansari
                                                                     .... .... Petitioner/s
                                                  Versus
                 The State of Bihar.
                                                                .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :  Mr. Arun Kumar, Advocate
                 For the Opposite Party/s   : Mr. Md. Fahimuddin(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
                 ORAL ORDER

2   03-02-2016

Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 399, 402, 414, 120B of the Indian Penal Code, 25(1-B)a/26(ii)35 of the Arms Act and 20/22 of the NDPS Act.

Prosecution case is that the informant being a police officer on receiving information that 8-10 miscreants are preparing to commit dacoity, laid the raid leading to apprehension of five miscreants including the petitioner from whom arms, sedative tablets, injections, syringe and mobiles were recovered. From the possession of petitioner Rs.500/-, mobile and six ATM cards were recovered.

It is submitted by learned counsel for the petitioner that there is nothing on record to suggest that petitioner was using the alleged six ATM cards or ATM cards were stolen. A statement has Patna High Court Cr.Misc. No.5553 of 2016 (2) dt.03-02-2016 2/2 been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Moreover, investigation has already concluded.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Muzaffarpur in connection with Baruraj P.S. Case No.133/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/-

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Patna High Court - Orders