Rahman Mian @ Md. Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77620 of 2023 Arising Out of PS. Case No.-192 Year-2023 Thana- SUPAUL District- Supaul ====================================================== Rahman Mian @ Md. Rahman S/O Md. Israil Resident Of Bharna Tola, Ward No. 07, Malhani, Ps. Supaul, Dist. Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Goutam For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Supaul P.S. Case No.192/2023 dated 15.03.2023 registered for the offence punishable u/s 398 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35.

4. As per the prosecution case, four miscreants boarded on two motorcycles intercepted the tempo and snatched mobile phone and cash on the point of pistol. One of the coaccused persons was apprehended who disclosed the name of the petitioner and other co-accused persons.

Patna High Court CR. MISC. No.77620 of 2023(2) dt.11-01-2024 2/2

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The name of the petitioner has surfaced on the basis of confessional statement of the co-accused. No incriminating article has been recovered from the possession of the petitioner.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. 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, Supaul in connection with Supaul P.S. Case No. 192/2023 , subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T