Md. Naushad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45797 of 2022 Arising Out of PS. Case No.-125 Year-2021 Thana- NIRMALI District- Supaul ====================================================== MD. NAUSHAD SON OF LATE BASIL R/O VILLAGE- NIRMALI, WARD NO.4, P.S.- NIRMALI, DISTRICT- SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Shamimul Hoda, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP who represents the State. The petitioner apprehends his arrest in connection with Nirmali P.S. Case No.125 of 2021 instituted under Sections 379,408,411,414,120(B), 34 of the Indian Penal Code. As per the prosecution story, the 'Chowkidar' of the Nirmali Police Station lodged the FIR regarding the theft in the Gammon India Limited campus alleging that the security staff with the help of the landlord and the labourers got the scarps loaded in two trucks which were about to be taken away. As the police reached the place and interrogated the driver and 'Khalasi' they detailed out the names, the petitioner being one of them.

The submission put forward by the learned counsel for the petitioner is that he is neither an employee of the firm nor anything directly has been alleged against him and only on the basis of confidential inquiry that he may also be the person behind the said

Patna High Court CR. MISC. No.45797 of 2022(2) dt.03-01-2023 2/2 theft, his name has come up. The last submission is that the petitioner do not have any criminal antecedent.

Learned APP on the other hand opposes the prayer for anticipatory bail stating that it was theft of almost two trucks of scraps of Gammon India Limited.

Taking into account that there is only suspicion against the petitioner as also the fact he do not have any criminal antecedent, this Court is inclined to grant him relief. If however, it is found that he do have criminal antecedent this order shall become infructuous. Let the petitioner be released on bail, in the event of his arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Nirmali P.S. Case No.125 of 2021 to the satisfaction of learned A.C.J.M., Birpur, Supaul, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Prakash Narayan /- U T