Sajad Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31219 of 2024 Arising Out of PS. Case No.-35 Year-2023 Thana- LAURIA District- West Champaran ====================================================== Sajad Khan Son Of Late Tajmullah Khan @ Late Tajmullah Kha R/O - Village- Piparpatti, Ps- Lauriya District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Lauriya P.S. Case No. 35/2023 dated 08.02.2023 registered for the offence punishable u/ss 461, 379, 406, 341, 323, 307 of the Indian Penal Code in which charge-sheet has been submitted under Sections 395, 397 and 412 of the Indian Penal Code..

3. As per the prosecution case, the informant purchased a tractor in the name of his wife. Further, the tractor loaded with sugarcane was sent to Narkatiyaganj Sugar Mill by the informant's driver. While the informant's driver was returning, six unknown miscreants boarded on two

Patna High Court CR. MISC. No.31219 of 2024(2) dt.22-05-2024 2/3 motorcycles committed theft and fled away.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused persons, Sahjad Alam and Sonu Kumar. Learned counsel has submitted that there is nothing on record except the confessional statement. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition.

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

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory 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, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 35/2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.31219 of 2024(2) dt.22-05-2024 3/3

7. The application stands allowed.

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