Md. Guddu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76732 of 2024 Arising Out of PS. Case No.-248 Year-2024 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.
Md. Guddu S/O Md. Ansarul Resident of Village- Chhapki Parri, P.S.- Sadar, Dist- Darbhanga 2.
Md. Ladley S/O Md. Ansarul Resident of Village- Chhapki Parri, P.S.- Sadar, Dist- Darbhanga 3.
Md. Ansarul S/O Late Salim Resident of Village- Chhapki Parri, P.S.- Sadar, Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saurav Anand, Advocate For the Opposite Party/s :
Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-11-2024 1.
Heard learned Counsel for the petitioners and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Sadar PS case no. 248 of 2024, disclosing offences punishable under Sections 380 and 457 of the Indian Penal Code.
3.
The prosecution story, as per the First Information Report, is that on 14.06.2024, informant who is working in C.R.P.F. and is posted at Srinagar, went to Haridwar along with his family members for the purpose of Mundan ceremony of his son and handed over key of the main gate of his house to his
Patna High Court CR. MISC. No.76732 of 2024(2) dt.19-11-2024 2/3 neighbour i.e. petitioner no. 1 and requested him to sleep in courtyard at night. When the informant returned back on 20.06.2024, he found lock of his main gate broken and when he entered into the house, he found that locks of the rooms were also broken and gold ornaments and a sum of Rs. 24,000/- cash etc. were stolen after breaking the almirah.
4.
Learned Counsel for the petitioners submits that petitioners have falsely been implicated in this case due to dispute regarding remuneration to be paid to petitioner no. 1 by the informant, inasmuch as informant had given the job of care taker to petitioner no. 1 and for the last about 01 year, no remuneration was paid by the informant and when petitioner no. 1 demanded, the present F.I.R. has been lodged. Learned counsel further submits that as per the statement made in the First Information Report, the informant returned back from Haridwar on 20.06.2024 and found the aforesaid articles missing but the F.I.R. has been lodged after two days i.e. on 22.06.2024. He also submits that petitioners are having no criminal antecedent and they are neighbours of the informant. 5.
Regard being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that the petitioners are neighbours of the
Patna High Court CR. MISC. No.76732 of 2024(2) dt.19-11-2024 3/3 informant having no criminal antecedent, I am inclined to grant the privilege of anticipatory bail to the petitioners. 6.
This application is, accordingly, allowed.
7.
Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Sadar PS case no. 248 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T