Md. Mukhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47323 of 2021 Arising Out of PS. Case No.-162 Year-2021 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.

MD. MUKHTAR Son of Late Md. Zakir Resident of Village - Satkodariya, Chhotichakla, P.S. - K. Nagar ,District - Purnea. 2.

Md. Kariya @ Md. Kalim Son of Late Md. Jakir Resident of Village - Maghaili, P.S. Falka, District - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-06-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 379/120B of the Indian Penal Code.

As per the prosecution case, on 07.04.2021 these petitioners along with other accused persons committed theft of some jewellery worth Rs. Five lakhs and cash of Rs. 30,000/- belonging to the informant. The aforesaid theft was committed from the dwelling house of Momina Khatoon situated at village Chakala.

Learned counsel appearing for the petitioners submits

Patna High Court CR. MISC. No.47323 of 2021(3) dt.30-06-2022 2/2 that no stolen article has been recovered from the possession or house of these petitioners. Petitioners have been made accused in this case on the basis of confessional statement of co-accused, Md. Allaudin and Jagga Khatoon, who have already been granted anticipatory bail by the court below. Petitioners have got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and clean antecedent of the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with K. Nagar (Maranga) PS case No.162/2021, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T