Olahid v. The State Of Bihar

Patna High Court Cr.Misc. No.45244 of 2016 (2) dt.16-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45244 of 2016 Arising Out of PS.Case No. -94 Year- 2015 Thana -KADWA District- KATIHAR ======================================================

1. Olahid son of Md. Mahboob, resident of Village- Chandargaon P.S. Baisi, District Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 379 and 411 of the Indian Penal Code. The prosecution case, in brief, is that in the night of 12.7.2015 when the informant woke up he found that his cows were not in shed and in the meantime one Govind Hembran raised hulla, then he saw that the accused persons including the petitioner caught while untieing the cows.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The

Patna High Court Cr.Misc. No.45244 of 2016 (2) dt.16-12-2016 other co-accused has been granted anticipatory bail vide Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial MagistrateIV, Katihar in connection with Kadwa P.S. case No.94 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T