Md. Bablu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16708 of 2024 Arising Out of PS. Case No.-658 Year-2017 Thana- KATIHAR NAGAR District- Katihar ====================================================== Md. Bablu Son of Md. Suleman Resident of Village- Katihar More, Kokhshibaag, Purnea, P.S.- Sadar, District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-03-2024 Heard Mr. Ajit Kumar Singh, learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Katihar Town P.S. Case No. 658 of 2017, registered for the offences punishable under Sections 420 and 379 of the Indian Penal Code.
3. The FIR has been instituted against one 'Md. Bablu' holder of mobile number 7631759057 with an allegation that while the informant had gone to Mirchairbari for taking vegetable, in the meantime, some unknown thief stolen his valuables including mobile, ATM Card, Pan Card and some cash amount from the dicky of the motorcycle. The informant in course of search found that from his ATM Card, some
Patna High Court CR. MISC. No.16708 of 2024(2) dt.20-03-2024 2/3 transaction has been made and an amount of Rs. 1,000/- has been credited in the account of 'Kurban Khan' and thereafter, said 'Kurban Khan' has transferred some amount to 'Raja Kumar' and this 'Raja Kumar' has transferred Rs. 2,900/- in the name of the petitioner.
4. It is submitted on behalf of the petitioner that save and except transfer of an amount of Rs. 2,900/- from the account of 'Raja Kumar' to his Paytm account, there is no other material suggesting his complicity. Submission has been made that the amount of Rs. 2,900/- transferred by an unknown person and he has no connection with co-accused 'Raja Kumar' and 'Kurban Khan'. It is further submitted that though the FIR has been instituted way back in the year 2017, but till date, the charge-sheet has not been submitted, however, recently the police started visiting the house of the petitioner and, as such, he is apprehending that he might be arrested and thus, the present application.
5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that the matter is of 2017, but till date, charge-sheet has not been submitted.
6. Considering the submissions made at the bar and
Patna High Court CR. MISC. No.16708 of 2024(2) dt.20-03-2024 3/3 taking note of the fact that case is of 2017 and, till date, chargesheet has not been submitted against the petitioner, this Court finds no reason to entertain the bail application, however, needless to observe that in case the charge-sheet has been submitted against the petitioner, he shall be at liberty to move before the Court by filing an appropriate application.
7. Accordingly, the present bail application stands disposed of.
(Harish Kumar, J) shivank/- U T