Irshad @ Sajid Alam @ Md. Sajid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.132 of 2019 Arising Out of PS. Case No.-57 Year-2018 Thana- MOTIHARI RAIL P.S. District- West Champaran ====================================================== Irshad @ Sajid Alam @ Md. Sajid Alam son of Md. Saqulain Shamsi, resident of Village- Kaurihar Azad Nagar, Police Station- Raxaul, DistrictEast Champaran. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-02-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Motihari Rail P.S.Case no.57 of 2018 registered for offences punishable under Sections 379 ad 411 of the Indian Penal Code.

Allegation as per FIR is of theft of the motorcycle and one co-accused was arrested, who disclosed the name of the petitioner. It is further appears that the petitioner is accused in one more case of similar type.

Submission of the learned counsel for the petitioner is that except the confessional statement, there is nothing against the petitioner and in another case he is not named in the FIR. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.132 of 2019(3) dt.01-02-2019 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T