Cr. Misc. application for bail regarding prosecution under IPC and Foreigners Act. Court directed petitioner's release on bail upon furnishing bond and sureties.
Petitioner to be released on bail by furnishing bond of Rs. 10,000/ with two sureties of the like amount to the C.J.M., Samastipur.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19611 of 2020
Arising Out of PS. Case No.-76 Year-2020 Thana- SAMASTIPUR District- Samastipur
======================================================
Dr. Ishtiaq @ Dr. Isheteyaque @ Md. Ishteyaque, S/o Mustaque, Resident of Dharampur Baital Chowk, P.S.- Town Samastipur, District- Samastipur.
... ... Petitioner
Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Suresh Pd. Singh No.1, Advocate For the Opposite Party : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 15-06-2020 Heard learned counsel for the petitioner and learned counsel for the State via video conferencing.
The petitioner seeks bail in connection with Town
P.S. Case No.76 of 2020 registered for the offences punishable under Sections 188, 269, 270, 271 read with 34 of the Indian Penal Code and Sections 14(b), 14(c) and 7(1) of the Foreigners Act, 1946.
The prosecution case is based on the written statement lodged by the informant Safullah Ansari, S.I. of police, wherein he has stated that on 01.04.2020 he received information regarding religious preachings being made by the nine Bangladeshi citizens who had come to India on tourist visa and had arrived at Samastipur on 27-28 February, 2020 and the petitioner had given them shelter in his own house. Those
Patna High Court CR. MISC. No.19611 of 2020(2) dt.15-06-2020 2/3
foreigners were tested by medical team and were kept in isolation ward at Double Tree Hotel. He has further stated in his written report that after test they were found negative as far as Covid-19 infection is concerned. He alleged that by providing shelter to foreigners without informing the district administration, the petitioner had committed offence under the penal code and the Foreigners Act.
On the basis of the aforesaid information, Town P.S. Case No.76 of 2020 dated 14.04.2020 was registered for the offences punishable under Sections 188, 269, 270, 271 read with 34 of the Indian Penal Code and Sections 14(b),14(c) and 7(1) of the Foreigners Act, 1946.
Mr. Suresh Prasad Singh, learned counsel appearing for the petitioner submitted that from the first information report, it would be apparent that none of the ingredients of the offences punishable under Sections 14(b) and 14(c) are attracted against the petitioner. The only other nonbailable section under which he is being prosecuted is section 7(1) of the Foreigners Act, which talks about obligation of hotel keepers and others to furnish particulars and to inform the administration in case shelter is provided to some foreigners. He contended that the alleged shelter given to the valid passport and
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visa holder foreign citizens was in a joint house and the petitioner could have been made solely liable for the offence. He has further contended that the offences under the penal code are all bailable in nature.
Learned counsel for the State has opposed the application for grant of bail to the petitioner.
Regard being had to the nature of allegation, the plea of innocence taken in the application and the submissions advanced at the Bar, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Town (Samastipur) P.S. Case No.76 of 2020.
(Ashwani Kumar Singh, J.)
Sanjeet/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in the F.I.R. registered for offences under the Indian Penal Code and the Foreigners Act.
Dr. Ishtiaq
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
