Md. Gopal Bakhho @ Md. Shabir Bakho v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72071 of 2021 Arising Out of PS. Case No.-326 Year-2018 Thana- ALAMGANJ District- Patna ====================================================== MD. GOPAL BAKHHO @ MD. SHABIR BAKHO Son of Md. Jahit Bakho @ Md. Jahit Bakho Resident of Village - Dakaria, P.S.- Islampur, Distt.- Nalanda, At Present resident of Gaighat Near Ganga Bridge, P.S.- Alamganj, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar Singh, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 394 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on the date of occurrence at 4:00 AM when she perturbed and got down at Gaighat Barrier and reached near Bihar Judicial Academy when he was intercepted by one unknown accused who at the point of knife looted Rs. 3800/- along with mobile, gold chain and other ornaments of his wife, it is next alleged that the informant can identify the accused
Patna High Court CR. MISC. No.72071 of 2021(3) dt.01-09-2022 2/3 based on CCTV footage.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that FIR was against unknown, it is also submitted that from perusal of allegation as alleged in the FIR, it would manifest that informant has very clearly alleged that it was only one accused who committed the occurrence, it is next submitted that during the course of investigation two accused persons were arrested Munna Bakho and Naushad and based on their confessional statement, the petitioner came to be implicated when admittedly confessional statement in Police custody has not evidentiary value, Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Alamganj P.S.
Patna High Court CR. MISC. No.72071 of 2021(3) dt.01-09-2022 3/3 Case No. 326 of 2018 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
One of the bailors of the petitioner shall be his father Md. Jahit Bakho @ Md. Jahit Bakho.
(Satyavrat Verma, J) Shivam/- U T