Md. Slauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61937 of 2023 Arising Out of PS. Case No.-400 Year-2022 Thana- SHEOHAR District- Sheohar ====================================================== Md. Slauddin Son of Late Raphik, Resident of Village-Sugia Katsari, Police Station-Sheohar, District-Sheohar.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Madhubala Verma, Advocate.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehend his arrest in connection with Sheohar P.S. Case No. 400 of 2022 dated 31.12.2022, instituted under Sections 379 & 411 of the Indian Penal Code.

3. As per the prosecution case, petitioner alongwith other co-accused persons are said to have stolen the animals of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is not named in the present case. He submits that there is no recovery of any theft animals either from the house of the petitioner or from his possession. He also submits that the petitioner is made accused in the present case on the basis of the confessional statement of

Patna High Court CR. MISC. No.61937 of 2023(2) dt.16-10-2023 2/2 the co-accused namely Vishwanath Rai. Learned counsel submits that the antecedent of petitioner is clean. He further submits that the similarly situated co-accused person has been granted anticipatory bail by the Co-ordinate Bench of this Hon'ble Court vide order dated 29.08.2023 passed in Cr. Misc. No.51193 of 2023.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No. 400 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J.) Ritik/- U T