Sah Alam @ Md. Sahalam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45410 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- BITHAN District- Samastipur ====================================================== 1.
SAH ALAM @ MD. SAHALAM SON OF MD. HARUN @ HARUN RESIDENT OF VILLAGE- BARAHI, PS- BITHAN, DISTRICTSAMASTIPUR BIHAR- 848101 2.
NUNU @ RAHULLAH SON OF ALIMAN @ ALIMA RESIDENT OF VILLAGE- BARAHI, PS- BITHAN, DISTRICT- SAMASTIPUR BIHAR848101 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Piyush Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Ajit Kumar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-08-2023 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 413, 414, 467, 468/34 of the Indian Penal Code.
3. It is alleged that these petitioners alongwith other co-accused persons were cutting the Pick-up van for selling in scrap.
4. It is submitted on behalf of the petitioners that name of these petitioners transpired on confessional statement of co-accused persons. Petitioners have no knowledge about the occurrence and no incriminating material has been recovered
Patna High Court CR. MISC. No.45410 of 2023(2) dt.10-08-2023 2/2 from the possession of these petitioners.
5. Learned counsel for the State oppose the bail petition and submitted that petitioner No . 1 has got two criminal antecedent of similar nature. Petitioner No . 2 has got clean antecedent.
6. Considering the criminal antecedent of petitioner No . 1, the bail petition of the petitioner No . 1 is rejected 6 Considering the aforesaid facts and circumstances of the case and clean antecedent of Petitioner No . 2 , in the event of arrest or surrender within six weeks from today, let the petitioner No . 2, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur in connection with Bithan P.S. Case No . 37 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T