Md. Shaukat @ Md. Shaukat Ali @ Shaukat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28618 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -FORBESGANJ District- ARRARIA ======================================================
1. Md. Shaukat @ Md. Shaukat Ali @ Shaukat, Son of Late Fakir Mohammed, Resident of Village- Bhagkohaliya, P.S.- Forbesganj, Dist.- Araria.
.... .... Petitioner
Versus
1. The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner is apprehending his arrest in connection with Forbesganj P.S. Case No. 44 of 2017 for the offences instituted under Sections 380/411 of the Indian Penal Code. It is alleged that some unknown miscreants committed theft in the house of informant and took away valuable articles from there, while they went to attend a marriage ceremony at Siliguri.
It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has
Patna High Court Cr.Misc. No.28618 of 2017 (2) dt.07-07-2017 2/2 come on the confessional statement of co-accused. There is no recovery of any incriminating article from the possession of the petitioner.
On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Forbesganj P.S. Case No. 44 of 2017 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, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Amit/- U T