Zafar @ Zafer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18880 of 2023 Arising Out of PS. Case No.-482 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== ZAFAR @ ZAFER S/O- KIYAMUDDIN Village- Permanandpur PsRaniganj Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-06-2023 Heard Mr. Nafisuzzoha, learned counsel appearing on behalf of the petitioner and Mr. Ram Anurag Singh, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Forbesganj P.S. Case No. 482 of 2022, dated 05.05.2022, registered under Section 392 of the Indian Penal Code.

3. The prosecution case, in brief, is that the informant has lodged this case against 04 unknown culprits for committing loot on the alleged night of 04.05.2022, when four culprits have snatched the informant's Vivo Y-20 mobile phone bearing SIM No. 8102207245 and 8521641424 and also silver chain of informant as well as cash amount of Rs. 70,000/- from

Patna High Court CR. MISC. No.18880 of 2023(2) dt.14-06-2023 2/3 possessions of informant's son Aadil.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has clean antecedent. The name of the petitioner has come on the basis of confessional statement of co-accused namely Anjarul with whom the petitioner has inimical relationship. The petitioner is not named in the F.I.R.

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

6. Considering the fact that the petitioner is not named in the F.I.R. and co-accused Anjarul in his confessional statement has taken the name of the petitioner let, the above named petitioner, be released on pre arrest bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, 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., Araria in connection with Forbesganj P.S. Case No. 482 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The Court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in

Patna High Court CR. MISC. No.18880 of 2023(2) dt.14-06-2023 3/3 paragraph no. 3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) pravinkumar/- U