Patna High Court
Samiullah @ Mohammad Samiullah ... vs The State Of Bihar on 5 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29784 of 2021
Arising Out of PS. Case No.-92 Year-2016 Thana- CHIRAIYA District- East Champaran
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Samiullah @ Mohammad Samiullah Sidhiqui, aged about 31 years, M, S/O
Mahamad Irshad, R/O Village- Jiwdhara Ward No. 18, PS- Chiraya, District
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Ms. Ranjana Srivastava, Advocate
For the State : Mr. Vinod Shanker Modi, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 05-08-2021
The matter has been heard via video conferencing.
2. Heard Ms. Ranjana Srivastava, learned counsel for
the petitioner and Mr. Vinod Shanker Modi, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State.
3. The petitioner apprehends arrest in connection with
Chiraya PS Case No. 92 of 2016 dated 24.05.2016, instituted
under Section 387 of the Indian Penal Code.
4. The allegation against the petitioner is that he sold
the SIM card from which the informant was called, who was the
Circle Officer, Chiraya, demanding rupees ten lakhs failing
which threat was issued to eliminate him.
5. Learned counsel for the petitioner submitted that
Patna High Court CR. MISC. No.29784 of 2021 dt.05-08-2021
the mobile from which call was made did not belong to him and
he has no role in the occurrence, and he is the owner of New
Rahmat Electronics, Jiwdhara, and had only sold the concerned
SIM card to co-accused Sabir Siddiqui. It was submitted that the
petitioner has no other criminal antecedent.
6. Learned APP submitted that as has been noted in
the order of the Court below, the petitioner had sold the
concerned SIM card to the co-accused on forged and fabricated
documents, which is patently illegal and thus, he cannot plead
innocence as anyone who obtains the SIM card on forged
documents would utilize it for the purpose which may not be in
conformity with law, otherwise, there is no occasion for a
genuine person not to give his correct identity paper for
obtaining the SIM card. Further, it was submitted that the co-
accused have been granted regular bail by the Court below and
the petitioner may also appear and take bail.
7. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, the
Court is not inclined to grant pre-arrest bail to the petitioner.
8. Accordingly, the petition stands dismissed.
9. However, in view of submission of learned counsel
for the petitioner, it is observed that if the petitioner appears
Patna High Court CR. MISC. No.29784 of 2021 dt.05-08-2021
before the Court below and prays for bail, the same shall be
considered on its own merits, in accordance with law, without
being prejudiced by the present order.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
