Sheikh Oshihar @ Sheikh Osier @ Shekh Osihar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56675 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- SIKTA District- West Champaran ====================================================== SHEIKH OSHIHAR @ SHEIKH OSIER @ SHEKH OSIHAR S/O LATE SHEIKH MOBARAK R/O VILLAGE- LAXMIPUR, P.S- SIKTA, DISTT.- WEST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharad Kumar Verma For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-09-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Sikta Police Station Case No. 77 of 2024, dated 13.06.2024, disclosing offences punishable under Sections 457/380 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the informant was in the hospital regarding the operation of his wife from 10.06.2024 to 12.06.2024. On 13.06.2024, in the morning, one Ashish Kumar informed him on telephone about commission of theft in his house after breaking the wall. When the informant arrived, he found that Rs. 6,00,000/-, kept in a box, was stolen.

Patna High Court CR. MISC. No.56675 of 2024(2) dt.04-09-2024 2/3 Suspicion has been raised against the petitioner, who had information about the money having been kept in the house by the informant.

4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has been made accused in this case on the basis of suspicion only. During the course of investigation, the witnesses have said that the informant sold a piece of land in favour of the petitioner and as such, the petitioner was having the knowledge of money kept in the house of the informant.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner has been made accused in this case on the basis of suspicion only, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.56675 of 2024(2) dt.04-09-2024 3/3 Judicial Magistrate, 1st Class, West Champaran, at Bettiah, in connection with Sikta Police Station Case No. 77 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

8. This is subject to the condition that the petitioner shall cooperate with the police in the investigation of the case and present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √