Patna High CourtCR. MISC./33915/2024bail granted

Mohammad Khurshid @ Mohammad Khurshid Alam v. The State Of Bihar

2024-08-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33915 of 2024 Arising Out of PS. Case No.-512 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Mohammad Khurshid @ Mohammad Khurshid Alam Son of Lal Mohammad Resident of village Bhat Khora,Tintolia PS- ( Bharahi ) Muraliganj District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijaya Laxmi Srivastawa, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under section 379 of the Indian Penal Code . 3 . As per the prosecution case , vehicle of the petitioner was used in committing theft of cow of informant.

4. Learned counsel for the petitioner submits that there is no allegation of any theft against this petitioner. Petitioner has been made accused in this case because he happens to be the owner of the vehicle in question which was used in theft of cow by other co-accused persons without knowledge and consent of this petitioner. Nothing has been recovered from the conscious possession of this petitioner. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.33915 of 2024(3) dt.28-08-2024 2/2 5 . Learned counsel for the State opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Madepura in connection with Madhepura Bharahi O P P.S. case No. 512 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T