Md. Rahim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38595 of 2022 Arising Out of PS. Case No.-167 Year-2021 Thana- NAUHATTA District- Saharsa ====================================================== MD. RAHIM S/o Md. Saheed @ Md. Saheed Miyan Resident of VillageSattaur, P.S.- Nawhatta (Darhara O.P.), District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2022 Learned counsel seeks permission to make rectification in the prayer portion of the anticipatory bail application in course of the day.

Permission is accorded.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 504, 506 and 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has antecedent of two cases.

The informant alleges that petitioner had an altercation with him on 14.10.2021 and on the same day in the

Patna High Court CR. MISC. No.38595 of 2022(2) dt.06-12-2022 2/3 night his motorcycle was stolen away. It is further alleged that informant came to know that the same was stolen away by the petitioner and one unknown accused.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that it absolutely does not stand to reason that as to why the petitioner would have stolen away the motorcycle of the informant. It is next submitted that the informant with a view to falsely implicate the petitioner has alleged that he came to know that the motorcycle was stolen away by the petitioner but does not disclose how he came to know that it was the petitioner who had stolen away the motorcycle of the informant. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Nauhatta P.S.

Patna High Court CR. MISC. No.38595 of 2022(2) dt.06-12-2022 3/3 Case No. 167 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

One of the bailors of the petitioner shall be his father Md. Saheed @ Md. Saheed Miyan.

(Satyavrat Verma, J) Kundan/- U T