Md Juber @ Jubaid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35199 of 2024 Arising Out of PS. Case No.-1023 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Md Juber @ Jubaid, Son of Md Nasim, Resident of Village- N.S.C. Road, P.S.- Khagaria, District- Khagaria ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner in the present case is seeking prearrest bail in connection with Khagaria P.S. Case No. 1023 of 2023 for the offences punishable under Sections 456, 380, 414 of the Indian Penal Code. He has no criminal antecedent.
3. As per the prosecution story, on 03.10.2023 at about 04:00 A.M., one gold chain, two mobile phones of Apple and Oppo F15 companies and Rs.1,40,000/- in cash were stolen from the informant's house.
4. Learned counsel for the petitioner submits that the petitioner has been implicated in this case on the basis of confessional statement of co-accused Sarfaraj @ Raja. It is further submitted that the petitioner is not named in the FIR.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.35199 of 2024(2) dt.03-06-2024 2/2 for anticipatory bail of the petitioner. It is submitted that the stolen mobile has been recovered from the house of the petitioner.
6. Having regard to the materials showing that the stolen mobile has been recovered from the house of the petitioner and the co-accused from whose possession several other stolen articles have been recovered, has also named this petitioner, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.
7. Prayer for anticipatory bail of the petitioner is refused.
8. In case, the petitioner surrenders and prays for regular bail within a period of four weeks from today, his prayer for regular bail shall be considered on its own merit without being prejudice by the order of this Court.
9. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- U T