Md. Tausif Raza @ Tausif Raza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17691 of 2022 Arising Out of PS. Case No.-32 Year-2020 Thana- BARSOI District- Katihar ====================================================== Md. Tausif Raza @ Tausif Raza Son Of Md. Sabbir Resident Of Village - Sighraul, P.S.- Baliya Belon, Distt.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 395, 397 of the Indian Penal Code.

The prosecution case as per F.I.R is that on 06.03.2020 at about 2:30 a.m, his co-villager namely Jay Prakash Sah @ Nanki came at the door of his house and requested to open the door and as soon as the informant opened the door, suddenly 10-15 unknown criminals entered into his house and started assaulting him. The accused persons also looted away the gold

Patna High Court CR. MISC. No.17691 of 2022(2) dt.19-09-2022 2/3 ornaments cash and other household articles of the informant.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. The F.I.R is against unknown and the name of the petitioner transpired on the confessional statement of co-accused Md. Hasim which has no evidentiary value in the eyes of law. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Katihar in connection with Barsoi (Sudhani O.P) P.S. Case No. 32 of 2020, subject to the

Patna High Court CR. MISC. No.17691 of 2022(2) dt.19-09-2022 3/3 conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T