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Patna High CourtCR. MISC./21149/2022bail granted

Sahabuddin Ahmad Kazi @ Sonu Khan v. The State Of Bihar

2022-11-02Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21149 of 2022 Arising Out of PS. Case No.-50 Year-2019 Thana- MAIGRA District- Gaya ====================================================== SAHABUDDIN AHMAD KAZI @ SONU KHAN SON OF S.A.QUAZI R/O MOHALLA- GEWAL BIGHA, NEAR MUNNI MASJID, P.S.- CIVIL LINES, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nirmal Kumar Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. The informant, who is the driver of a Hywa vehicle, whose owner is Sanoj Gupta, alleges that when he was returning from Biraj after unloading his Hywa and reached near Kalidah Bridge then one Bolero came and intercepted the Hywa. It is further alleged that the accused persons on the point of pistol

Patna High Court CR. MISC. No.21149 of 2022(2) dt.02-11-2022 2/3 took away the Hywa along with mobile and cash and dropped the informant at Chak Manatu.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that FIR is against unknown and during the course of investigation some accused persons were arrested and in their confessional statement the name of the petitioner transpired as purchaser of the looted Hywa. It is next submitted that though in the investigation at para 23 of the supplementary case diary it is recorded that petitioner has purchased the looted Hywa but then the same was not recovered from his house or possession. Learned counsel also submits that petitioner is aged about 42 years and is a person with clean antecedent and all of a sudden based on the confessional statement he has been made a criminal.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.21149 of 2022(2) dt.02-11-2022 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Maigra P.S. Case No. 50 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and further one of the bailors of the petitioner shall be his father, namely, S.A. Quazi. (Satyavrat Verma, J) Kundan/- U T