Irshad @ Md. Irshad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24829 of 2024 Arising Out of PS. Case No.-174 Year-2023 Thana- BAHADURGANJ District- Kishanganj ====================================================== Irshad @ Md. Irshad Alam Son of Nijamuddin @ Mohd. Nazamuddin Resident of Village- Chahatpur Ward No. 01, P.S. - Garbandanga , DistrictKishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Bahadurganj P.S. Case No. 174 of 2023 dated 03.06.2023 registered for the offence/s punishable u/ss 341, 323, 504, 382, 379 and 506 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have abused the informant and snatched Rs. 26,000/- from his pocket on the point of knife. On halla, local people came and one accused was caught who disclosed the name of the petitioner and the other accused person.

Patna High Court CR. MISC. No.24829 of 2024(2) dt.25-04-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The apprehended co-accused person disclosed the name of the petitioner. No offence u/s 382 of the IPC is made out against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Kishanganj in connection with Bahadurganj P.S. Case No. 174 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T