Osaid @ Md Osaid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55883 of 2022 Arising Out of PS. Case No.-386 Year-2020 Thana- CHAKIA District- East Champaran ====================================================== Osaid @ Md Osaid Alam Son of Md. Kurban @ Kurban Miyan @ Kubin Mian Resident of village Shikarganj, P.S Shikarganj, District East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shanti Bhushan Singh For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2022 Heard both sides.

The petitioner apprehends his arrest in connection with Chakia P.S. Case No.386 of 2020, registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

The petitioner is said to have tried to steal the motorcycle of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got five criminal antecedents as stated in paragraph-3 of the bail application. It is further submitted that one co-accused was apprehended at the spot and on the basis of confessional statement of the co-accused, the petitioner is made accused in

Patna High Court CR. MISC. No.55883 of 2022(2) dt.20-12-2022 2/2 the present case. It is also submitted that no incriminating article has been recovered from conscious possession of the petitioner. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner by submitting that the petitioner has got five criminal antecedents. Taking into consideration the criminal antecedents of the petitioner and the fact that the apprehended accused disclosed the name of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Anjani Kumar Sharan, J) Sanjay/- U T