Md. Shakib @ Md. Saquib v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41190 of 2024 Arising Out of PS. Case No.-544 Year-2023 Thana- CIVIL LINE District- Gaya ====================================================== Md. Shakib @ Md. Saquib Son Of Gulam Mustafa R/O- Village-Gewal Bigha, Bichli Masjid, P.S.- Rampur, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brijmohan Das, Adv.
For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner apprehends his arrest in connection with Civil Line P.S. Case No. 544 of 2023 registered under Section 392 of the Indian Penal Code.
3. As per prosecution case, on 24.08.2023, the informant was coming to his home from Varanasi with his friend and when they reached near Power House, Gandhi Maidan, Gaya, five unknown persons surrounded them and started to snatch their belongings. When they protested, all the accused persons assaulted them due to which they sustained injuries. It is further alleged that the accused persons snatched gold pendent from the neck of the informant and started to flee away then informant and his friend informed the police about the said incident. Police came there and caught one co-accused, namely, Shahid Alam.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been
Patna High Court CR. MISC. No.41190 of 2024(2) dt.03-07-2024 2/2 implicated in the present case. Further submission is that petitioner is not named in the First Information Report. However during course of investigation, co-accused Shahid Alam disclosed the name of the petitioner due to ulterior motive. It is next submitted that nothing incriminating article has been recovered from the conscious possession of the petitioner. The petitioner is a young boy of 19 years claims clean antecedent. He undertakes to co-operate in the investigation.
5. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Gaya in connection with Civil Line P.S. Case No. 544 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Sunil Dutta Mishra, J) utkarsh/- U T