Patna High CourtCR. MISC./35834/2024bail rejected

Md Farooque @ Farooque v. The State Of Bihar

2024-07-10Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35834 of 2024 Arising Out of PS. Case No.-156 Year-2022 Thana- JOKIHAT District- Araria ====================================================== Md Farooque @ Farooque Son of Taslim Resident of Village- Dubba , Ward No- 1, P.S- Jokihat, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-07-2024 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Jokihat P.S. Case No. 156/2022 registered on 30.03.2022 for the offences punishable under Sections 413, 414, 411/34 of the Indian Penal Code.

3. As per prosecution, the FIR has been lodged against 10 named accused persons including the present petitioner with an allegation of dealing with the stolen property.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. The petitioner has not been apprehended from the place of occurrence, rather the apprehended accused persons have named the petitioner and it is due to this reason, the police have lodged

Patna High Court CR. MISC. No.35834 of 2024(2) dt.10-07-2024 2/2 FIR against him. There is one criminal case pending against the petitioner and the petitioner is ready to fulfill all the conditions whatsoever may be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedent of the petitioner is not clean as he is accused in similar nature of offence.

6. In the present facts and circumstances of this case, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner in connection with Jokihat P.S. Case No. 156 of 2022 pending before the learned CJM, Araria is hereby rejected.

7. However, if the petitioner surrenders before the trial Court within four weeks from today and prays for regular bail, the trial Court shall consider his prayer for regular bail on the same day on merit without being prejudiced by the present order.

(Dr. Anshuman, J) Ashwini/- U