Mobarak Mansoori @ Md. Mubark v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47722 of 2024 Arising Out of PS. Case No.-634 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Mobarak Mansoori @ Md. Mubark Son of Dil Hassan Mansoori R/O- Mahua, P.S.- Kuchaikote, Distt.- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashwat Srivastava, Adv.
For the Opposite Party/s :
Ms.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Kuchaikote P.S. Case No. 634 of 2023 registered for the offences punishable under Section 392 of the Indian Penal Code.
3. As per prosecution case, five miscreants intercepted the Informant and his cousin brother and, on the gun point, snatched mobile-phone and cash amounting Rs. 2,000/- from the Informant and fled away from there.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.
Patna High Court CR. MISC. No.47722 of 2024(2) dt.12-07-2024 2/3 The petitioner is not named in the F.I.R. and his name has surfaced in this case on the basis of the confessional statement of the co-accused Sujit Kumar Gupta. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present application. The petitioner has no concern with the alleged occurrence or with the co-accused persons. The petitioner has also no concern with the articles seized from the possession of the co-accused persons.
5. Learned counsel for the petitioner further submits that the co-accused Sujit Kumar Gupta has been granted regular bail by this Court vide order dated 20.05.2024 passed in Cr. Misc. No. 35395 of 2024.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of
Patna High Court CR. MISC. No.47722 of 2024(2) dt.12-07-2024 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kuchaikote P.S. Case No. 634 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Rudra Prakash Mishra, J) rishi/- U T