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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27899 of 2023 Arising Out of PS. Case No.-664 Year-2021 Thana- SHEKHPURA District- Sheikhpura ====================================================== Sahabuddin Ahmad Kazi @ Sonu Khan, Son of Late S. A. Quazi Resident of 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.Priya Ranjan, Advocate For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking prearrest bail in connection with Sheikhpura P.S. Case No.664 of 2021 registered for the offences punishable under Section 379 of the Indian Penal Code. The petitioner has got one criminal antecedent in which he is said to be on bail. As per the prosecution story, the informant had parked his Hywa at bypass west to Kashi Nath Fuel Pump, Sheikhpura which was stolen at 11.00 PM on 22.12.2021 by some unknown thieves. The informant searched his Hywa but he could not find the same.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that the name of the petitioner

Patna High Court CR. MISC. No.27899 of 2023(2) dt.07-07-2023 2/2 has transpired in the confessional statement of the co-accused and there is no recovery from the possession of the petitioner. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case, even though the submission of learned counsel for the petitioner is that the name of the petitioner has transpired in the confessional statement of the co-accused but on noticing the kind of materials which have been collected against the petitioner and it is alleged that the petitioner is the leader of an organized gang involved in theft of the vehicles and a chargesheet has also been filed against him, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. His prayer for anticipatory bail is, thus, refused. In case the petitioner surrenders and prays for regular bail in the learned court below within a period of four weeks from today, his prayer for regular bail shall be considered on its own merit without being prejudiced by the order of this Court. This application is dismissed.

(Rajeev Ranjan Prasad, J) arvind/- U T