Patna High CourtCR. MISC./10179/2020dismissed

Md. Saddam v. The State Of Bihar

2020-06-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10179 of 2020 Arising Out of PS. Case No.-153 Year-2019 Thana- BAHADURPUR District- Darbhanga ====================================================== MD. SADDAM S/o Md. Harun @ Md. Nathuni R/o village- Taralahi (Ojhaul), P.S.- Bahadurpur, District- Darbhanga ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2020 This case has been heard through video conferencing. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 414, 467, 468/34 of the Indian Penal Code.

The prosecution case as lodged by the police personnel is that on secret information that a theft motorcycle kept in husk house of Raj Kumar Yadav thereafter informant reached there and after seeing the police one person fled away. After search, one motorcycle has been recovered from the house of Raj Kumar Yadav thereafter lady of the house disclosed that the said motorcycle brought by Sarfaraz and Golu. Informant caught the Sarfaraz and he disclosed that the said bike stolen by

Patna High Court CR. MISC. No.10179 of 2020(2) dt.26-06-2020 2/2 Saddam (petitioner) and Khalekul and Sarfaraz and Saddam sold it to Golu for Rs. 3000/-.

Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in this case. He submits that nothing has been recovered from the possession of the petitioner and on the basis of confessional statement of Sarfaraz the name of the petitioner implicated in this case. He further submits that petitioner bears no criminal antecedent. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, his payer for anticipatory bail is rejected in connection with Bahadurpur P.S. Case No. 153 of 2019 pending before the court of the learned S.D.J.M., Darbhanga. Accordingly, the application is dismissed.

(Anjani Kumar Sharan, J) devendra/- U T