Naushad @ Saiyed Mehandi Imam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18598 of 2023 Arising Out of PS. Case No.-500 Year-2022 Thana- KANKARBAG District- Patna ====================================================== Naushad @ Saiyed Mehandi Imam Son Of Saiyad Hasan Imam R/O MohallaShah Ki Imli, Sadar Gali, Khajekalan, P.S.- Khajekalan, District- Patna ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Ranjan For the Opposite Party/s :

Mrs. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 380 of the Indian Penal Code pending in the learned court below. Allegation against the petitioner that he theft the ornaments and other articles from the house of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. He submits that there is no incriminating article has been recovered from the house or from the conscious possession of the petitioner. He further submits that the truth of the matter is that during the course of repair of AC there was an altercation between the informant and the

Patna High Court CR. MISC. No.18598 of 2023(3) dt.23-06-2023 2/2 petitioner as the informant was not satisfied with the quality of work therefore, the present case is lodged by the petitioner only to harass him. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is no incriminating article has been recovered from the conscious possession of the petitioner, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Kankarbagh P.S. Case No.500/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T