Md. Kurban v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52685 of 2018 Arising Out of PS.Case No. -197 Year- 2018 Thana -SAUR BAZAR District- SAHARSA ====================================================== Md. Kurban Son of Md. Sabir @ Md. Sabbir, resident of Village- Lahauna, Pasvapar, Ward No. 7, P.S.- Sour Bazar(Postpar O.P.), District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 04-09-2018 Heard learned counsel for the petitioner as well as learned Additional P.P.

Petitioner seeks regular bail in connection with Sour Bazar (Baijnathpur O.P.) P.S. Case No.197 of 2018 registered for the offences under Sections 461 and 379 of the Indian Penal Code. After lurking house trespass petitioner indulged in commission of theft, was apprehended red handed. It has been submitted on behalf of the petitioner that he happens to be under custody since 8.4.2018. Also submitted that nothing has been recovered from his possession. Learned Additional P.P. opposed the prayer.

From paragraph-3 of the petition, it is evident that petitioner has got criminal antecedent apart from having been

Patna High Court Cr.Misc. No.52685 of 2018 (2) dt.04-09-2018 2/2 apprehended red handed at the spot itself.

Accordingly, prayer for bail is rejected.

However, the learned lower court will release the petitioner on bail after examination of the informant to its own satisfaction.

(Aditya Kumar Trivedi, J) N.H./- R.S. Sen U T