Patna High CourtCR. MISC./21744/2024bail granted

Md. Khurshid @ Khurshid v. The State Of Bihar

2024-04-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21744 of 2024 Arising Out of PS. Case No.-357 Year-2023 Thana- JOKIHAT District- Araria ====================================================== 1.

Md. Khurshid @ Khurshid son of Mohsin Village- Boriya Ps- Jokihat DistAraria 2.

Mohsin son of Late Saidul Village- Boriya Ps- Jokihat Dist- Araria 3.

Wahid son of Fakir Mohammad Village- Boriya Ps- Jokihat Dist- Araria 4.

Azad @ Ashad son of Ramjan Village- Boriya Ps- Jokihat Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Md. Nazir Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 379, 411, 413/34 of the Indian Penal Code.

3. As per the prosecution case, petitioners are alleged to have stolen iron rod of the informant.

4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case only on suspicion. He next submits that the alleged occurrence has taken place on 12.07.2023 but the F.I.R. has been lodged on 24.07.2023, after inordinate delay of 12 days without any

Patna High Court CR. MISC. No.21744 of 2024(2) dt.04-04-2024 2/2 plausible explanation for the same. Neither the petitioners were caught on the alleged place of recovery nor any incriminating material has been recovered from conscious possession of the petitioners.

5. Considering the nature of accusation and inordinate delay in lodging the F.I.R., this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Jokihat P. S. Case No. 357 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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