Rahmat Ali @ Atabul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13727 of 2024 Arising Out of PS. Case No.-561 Year-2014 Thana- KATIHAR NAGAR District- Katihar ====================================================== Rahmat Ali @ Atabul Son of Dhokar Miyan Resident of Village- Matar Birajpur, P.S.- Karmatand, Jamtara (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Ajit Kumar Singh, Advocate For the State :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 381 and 34 of the Indian Penal Code.

3. As per prosecution case, on 08.09.2014, while the informant, along with his family members, went to market and when they returned home, they saw that the house hold articles were scattered and door was open. It is further alleged that when they entered the house they found cash of rupees six lakhs as well as jewelleries worth Rs. 3,60,000/- missing from the house. Informant suspects that this petitioner, along with co-accused

Patna High Court CR. MISC. No.13727 of 2024(5) dt.09-07-2024 2/3 person, who was cook in the house of the informant, committed theft.

4. It is submitted by learned counsel appearing on behalf of the petitioner that from bare perusal of the F.I.R. it is apparent that only a suspicion has been raised against this petitioner. Informant is not an eye witness of the occurrence and no one has claimed to have seen the alleged occurrence. Moreover, no looted article has been recovered from the conscious possession of this petitioner. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar, in connection with Katihar Town P.S. Case No. 561 of 2014, subject to condition as

Patna High Court CR. MISC. No.13727 of 2024(5) dt.09-07-2024 3/3 laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T