Md. Kaif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19888 of 2019 Arising Out of PS. Case No.-678 Year-2018 Thana- SHERGHATI District- Gaya ====================================================== MD. KAIF Son of Md. Kaishar, Resident of Mohalla-Lohar Toli, P.SSherghati, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anurag Saurav For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-07-2019 The petitioner apprehends his arrest in connection with Sherghati P. S. Case No. 678 of 2018 registered under Sections 379,401 and 511 of the Indian Penal Code.

Allegation against the petitioner, as per FIR lodged by Inspector of Sherghati Police Station, is that while the police party was on patrolling duty, informant saw that two persons standing, upon seeing the police party, they tried to flee away. It has further been alleged that there after some persons came out of HDFC Bank ATM and started fleeing away. The police party apprehended one Rajan Sah at the spot, who disclosed the name of the petitioner and others and informed the police that all persons had assembled to cut HDFC Bank ATM from gas cutter. It has further been alleged that the police recovered red colour gas cylinder, one cylinder meter etc. from inside the ATM and it

Patna High Court CR. MISC. No.19888 of 2019(7) dt.31-07-2019 2/3 was alleged that Golu, Chotu and Md. Kaif (the petitioner) had brought the gas cutter and cylinder to the ATM. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the basis of statement made by arrested co-accused. He further submits that petitioner has got no criminal antecedent and nothing has been recovered from his possession. Accordingly, submission is that no offence under Section 379 of the Indian Penal Code is made out against the petitioner.

After having heard learned counsel for the parties and taking into consideration the fact that petitioner has got no criminal antecedent and nothing incriminating has been recovered from the possession of the petitioner, as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM, Sherghati at Gaya in connection with Sherghati P.S.Case No. 678 of 2018; subject to condition as laid down under Section

Patna High Court CR. MISC. No.19888 of 2019(7) dt.31-07-2019 3/3 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T