Md. Abbas @ Mohammad Abbas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62914 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- BIRPUR District- Supaul ====================================================== Md. Abbas @ Mohammad Abbas Son of Mohammad Pappu Resident of village- Bhim Nagar, Ward no. 11, P.s.- Bhim Nagar, Birpur, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Rajesh Kumar Singh For the Opposite Party/s :
Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2.
The petitioner apprehends his arrest in a case registered for the offence punishable u/s 379, 411, 34 of the IPC. 3.
Allegedly, one Md. Kavir was intercepted by the police and from the E-rickshaw, stolen pipes were recovered. 4.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. Petitioner was not present at the spot and his name surfaced in this case on the basis of statement of the apprehended co-accused. There is no specific overt act against the petitioner except that his minor son was carrying iron pipe on the instruction of this petitioner. The
Patna High Court CR. MISC. No.62914 of 2024(2) dt.05-10-2024 2/2 said pipes were being carried away from the house of coaccused namely Md. Tajmul. Petitioner has no criminal antecedent.
5.
Learned APP for the State opposed the prayer for bail. 6.
Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Birpur P.S. Case No.8 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T