The petitioner was alleged of selling the SIM card and blackmailing the Circle Officer demanding 10 Lakh rupees failing to which he shall kill him. The pre-arrest bail was denied to him by the Court. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Samiullah v. The State of Bihar[Criminal Miscellaneous No. 29784 of 2021].
The facts of the case were that the petitioner was arrested in connection with the Case, instituted under Section 387 of the Indian Penal Code. It was alleged that the petitioner has sold the SIM card from which the informant was called who is in the position of the Circle Officer and demanded 10 Lakhs Rupees failing to which he was threatened to be eliminated.
The Petitioner submitted that he had no connection with this case and the SIM card doesn’t belong to him and had no occurrence for this role. He has only sold the SIM to the co-accused and he has no criminal antecedent.
It was noted that the SIM card was sold to the co-accused by the petitioner and that the same has been sold by forging and fabricating the documents that were required to be submitted at the time of purchase. This act is patently illegal and thus he cannot plead innocence and the act was not in conformity to law and otherwise, also there arises no situation or occasion for a genuine person to commit such act of forging and fabricating the documents portraying incorrect identity.
The Hon’ble High Court of Patna held,” 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.” The Court further added,”… in view of the submission of learned counsel for the petitioner, it is observed that if the petitioner appears 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.” The petition was hence dismissed.
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Judgment Reviewed By Nimisha Dublish
