Md. Arman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 48330 of 2024 Arising Out of PS. Case No.-168 Year-2023 Thana- BANGARA District- Samastipur ====================================================== Md. Arman Son Of Md. Samim Resident Of Village - Gadopur, Ward No. 9, P.S. - N.H. Bangra, District - Samastipur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Kumar, Adv.

For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with N.H. Bangra P.S. Case No. 168 of 2023 dated 08.12.2023 registered for the offences punishable u/ss 392 and 411 of the Indian Penal Code.

3. As per the prosecution case, three unknown miscreants are alleged to have overtaken the informant's motorcycle and took away Rs.1,20,000/-, Aadhar Card, PAN Card, driving license etc. from the informant.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The name of the petitioner has sprung up in this case on the basis of confessional statement of the co-accused, namely, Md. Arzoo.

Patna High Court CR. MISC. No. 48330 of 2024(3) dt.20-09-2024 2/3 No T.I.P. has been conducted by the prosecution. Nothing has been recovered from the conscious possession of the petitioner rather it has been made from the possession of the co-accused. It is further submitted that the petitioner has no concern with the alleged recovery. The petitioner has one criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Samastipur in connection with N.H. Bangra P.S. Case No. 168 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with further condition:-

1. The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.

Patna High Court CR. MISC. No. 48330 of 2024(3) dt.20-09-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) sadique/- U T