Afaroj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66730 of 2024 Arising Out of PS. Case No.-8 Year-2023 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== Afaroj Son of Nijamuddin R/o Village- Budhat Tola Ghothawa, P.S.- Harpur Budhat, District- Gorakhpur (U.P.) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghav Prasad For the Opposite Party/s :
Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned A.P.P., for the State.
2. The petitioner is apprehending his arrest in connection with Gopalganj Town P.S Case No. 08 of 2023 dated 05.01.2023 registered for the offence punishable u/s 414 read with Section 34 of the I.P.C.
3. As per the prosecution case, one mobile phone and one Bolero Pick -up were recovered from the possession of the co-accused Md. Hanif. On being asked, he disclosed that the said vehicle is stolen one which belongs to the petitioner.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.66730 of 2024(2) dt.11-12-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the recovered vehicle. Nothing has been recovered from the conscious possession of the petitioner. Similar situated co-accused has already been granted regular bail by this Court vide order dated 24.07.2023 passed in Cr. Misc. No. 40241 of 2023. The petitioner has no 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.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gopalganj, in connection with Gopalganj Town P.S Case No. 08 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition/s:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
Patna High Court CR. MISC. No.66730 of 2024(2) dt.11-12-2024 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T