Patna High CourtCR. MISC./62762/2024disposed

Samiullah v. The State Of Bihar

2024-10-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62762 of 2024 Arising Out of PS. Case No.-49 Year-2024 Thana- Banjariya District- East Champaran ====================================================== Samiullah Son of Safiullah Resident of Village - PO -Janerawa ,PSBanjariya, Distt.-East Champaran, Motihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar, Adv For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Banjariya P.S. Case No. 49 of 2024 dated 09.04.2024 for the offences punishable u/s 411, 413 and 414 of the I.P.C.

3. As per the prosecution case, stolen buffalo was recovered from the vehicle which was being driven by the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired merely on the basis of being a

Patna High Court CR. MISC. No.62762 of 2024(2) dt.04-10-2024 2/2 driver of the said seized vehicle. It is further submitted that the petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no other criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the said seized vehicle was being driven by the petitioner at the time of the alleged recovery.

6. Considering the aforesaid facts and circumstances of the case, I am of the view that no case for grant of anticipatory bail is made out and the same is disposed of with direction to the petitioner to surrender before the Court below concerned within six weeks from today and pray for regular bail and the learned Court below shall consider the prayer for regular bail of the petitioner on the same day without being prejudiced by this order.

7. The application stands disposed of.

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