Md. Sahab @ Md. Sek v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17588 of 2023 Arising Out of PS. Case No.-211 Year-2022 Thana- KHAGAUL District- Patna ====================================================== 1.
MD. SAHAB @ MD. SEK S/O MD. SHAHJAD Resident of villageDargahpar, P.S.- Sultanganj, District- Patna. 2.
LANGRA S/O USMAN Resident of village- Dargahpar, P.S.- Sultanganj, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rudra Deo, Advocate For the Opposite Party/s :
Mrs.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-05-2023 Heard the learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners apprehend their arrest in connection with Khagaul P.S. Case No. 211 of 2022, registered for the offences punishable under Section 392 of the Indian Penal Code.
The case of the prosecution in brief is that on the alleged date and time of occurrence, unknown miscreants were travelling in the same auto rickshaw in which the informant was also travelling and on the way, the said miscreants had snatched the gold jewellery of the informant and fled away, nonetheless, one miscreant was caught by the villagers and upon being interrogated, he
Patna High Court CR. MISC. No.17588 of 2023(2) dt.25-05-2023 2/3 had disclosed the name of his accomplices including that of the petitioners herein.
The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted that the name of the petitioners have transpired in the present case upon the confessional statement made by the apprehended co-accused person, however, neither the petitioners are having any complicity in the matter nor any stolen jewellery has been recovered from their houses.
Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact
Patna High Court CR. MISC. No.17588 of 2023(2) dt.25-05-2023 3/3 that neither the petitioners have been apprehended from the spot nor any snatched gold jewellery has been recovered from their houses, apart from the fact that the petitioners are having a clean antecedent, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail.
Accordingly, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Danapur, Patna in connection with Khagaul P.S. Case No. 211 of 2022 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) S.Sb/- U T