Md. Nasim @ Md. Nasim Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 36182 of 2019 Arising Out of PS. Case No.-47 Year-2019 Thana- SANHAULA District- Bhagalpur ====================================================== Md. Nasim @ Md. Nasim Akhtar, aged about 42 years, (M), Son of Md. Safid @ Lalu, Resident of Village- Baisa, P.S.- Sanhoula, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 384/386 of the Indian Penal Code.

As per FIR, it is alleged that by the informant Brajesh Kumar that on 23.03.2019 at around 13.30 after receiving secret information that Md. Nasim was demanding extortion money, near Baisa Hanwara Diversion by the truck drivers. In due course, the informant lodged Sanha and with police officials reached Hanwara Diversion at 13.45 and found that one person was collecting money from Truck drivers. The said person after seeing police officials started escaping and finally escaped from the place of incident. From the place of incident it is alleged that one motorcycle of the petitioner was recovered.

Patna High Court CR. MISC. No. 36182 of 2019(3) dt.14-08-2019 2/2 The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The learned further submits that the petitioner is not the owner of seized motorcycle and main owner of seized motorcycle is Sirajuddin. The counsel for the petitioner further submits that due to dispute between Chowkidar and the petitioner, Chowkidar disclosed the name of petitioner as an accused. The petitioner is a farmer with no criminal antecedent. In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.

10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sanhoula P.S. Case No. 47 of 2019 to the satisfaction of the learned C.J.M., Bhagalpur, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T