Nasir Ali @ Md. Nasir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55622 of 2019 Arising Out of PS. Case No.-93 Year-2019 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== Nasir Ali @ Md. Nasir, Male, 21 years, Son of Mustaq, Resident of VillageChawahi More, P.S.- Manjhagarh, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Anil Kumar Singh No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Gopalganj (Nagar) P.S. Case No. 93 of 2019 registered under section 413, 414, 467, 468, 471 and 34 of the I.P.C. The allegation against the petitioner, as per the first information report, is that police intercepted three persons riding on a motorcycle on suspicion and upon seeing the police party two persons succeeded in fleeing away and one person who was arrested disclosed the name of the petitioner as accomplice inasmuch as motorcycle was stolen one.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case at the behest of local Mukhiya inasmuch as there was dispute in the

Patna High Court CR. MISC. No.55622 of 2019(2) dt.05-09-2019 2/2 village and the petitioner has got no criminal antecedent. Learned counsel further submits that name of the petitioner has transpired only on the basis of statement made by the arrested co-accused persons.

After having heard learned counsel for the parties and taking into consideration the fact that the petitioner has got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned hief Judicial Magistrate, Gopalganj in connection with Gopalganj (Nagar) P.S. Case No.93 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U