Md. Naushad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68158 of 2023 Arising Out of PS. Case No.-836 Year-2022 Thana- SUPAUL District- Supaul ====================================================== Md. Naushad Alam S/O Late Abdul Rahim R/O Village- Gangapatti, Ward No. 14, P.S- Supaul, Distt.- Supaul.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harun Quareshi For the State :

Mr. Narendra Kumar Singh For the Informant :

Mr. Ranjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 504, 385, 386, 120(B) of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner along with 3-4 unknown persons is that they kidnapped the informant and took her signature on blank stamp and blank paper and also snatched her jewellery.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that Jarbayana was prepared on 17.06.2021, but the F.I.R. was lodged on 26.08.2022, after delay of more than one years

Patna High Court CR. MISC. No.68158 of 2023(4) dt.19-03-2024 2/2 without any proper explanation, which creates serious doubt on the prosecution case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State and learned counsel for the informant opposed the prayer for anticipatory bail and submitted that the petitioner kidnapped the informant and forcibly took her signature of on blank stamp and blank paper.

6. Considering the facts and circumstances of the case, arguments of the parties and the fact that there is delay of more than one year in lodging the present F.I.R., 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 Supaul P.S. Case No. 836 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T