Noor Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31774 of 2023 Arising Out of PS. Case No.-139 Year-2020 Thana- SUPAUL District- Supaul ====================================================== 1.

NOOR MOHAMMAD Son of Md. Wasil Resident of village - Surti Patti, Ward no. 02, P.S. - Supaul, Distt. - Supaul.

2.

Md. Julfekar @ Md. Julfakar @ Julfakar Son of Md. Majarul Hak Resident of village - Surti Patti, Ward no. 02, P.S. - Supaul, Distt. - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Prakash For the Opposite Party/s :

Mrs.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

1. The petitioners apprehend their arrest in connection with Supaul P.S. Case No. 139/2020 registered for the offences punishable under Sections 461 & 379 of the Indian Penal Code.

2. As per prosecution case, informant was running Consumer Service Centre at Mahua Punarwas, Ward no.13. It is alleged that petitioner and other were stolen articles of Rs.1,26,000/- from the shop of the informant.

3. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case merely on suspicion. No incriminating articles have been

Patna High Court CR. MISC. No.31774 of 2023(2) dt.14-07-2023 2/2 recovered from the possession of the petitioners. Petitioners bear no criminal antecedent and the informant is tenant of the petitioners. He further submits that the petitioners are ready to cooperate in the investigation of the case. There is no eye witness who supported the prosecution case.

4. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 139/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Alok Kumar Pandey, J) amitkumar/- U T