Md. Feku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43154 of 2024 Arising Out of PS. Case No.-702 Year-2023 Thana- PATNA CITY CHOWK District- Patna ====================================================== Md. Feku Son of Late Anis Miyan Resident of Village - Batau Kuan, P.S.- Chowk, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Irshad, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Chowk P.S. Case No. 702 of 2023 dated 08.12.2023 instituted for the offence punishable under Section 341, 323, 448, 504, 337, 353, 379/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on the alleged date of occurrence, when the informant along with his associates was returning after checking electricity, the petitioner along with other accused persons attacked them by bricks, stones and fists, due to which the informant sustained injury near his eyes. It is further alleged that the petitioner and one other co-accused snatched 20 gram gold chain and a diamond ring from the informant.

Patna High Court CR. MISC. No.43154 of 2024(2) dt.10-07-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is no specific allegation of assault against the petitioner. Allegation against the petitioner is that he snatched diamond ring from the informant. Learned counsel for the petitioner submits that nothing has been recovered from the possession of the petitioner. It is also submitted that no incriminating articles has been seized from the house of the petitioner. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Chowk P.S. Case No. 702 of 2023, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Patna City subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) premchand/- U T