Md. Haider v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77555 of 2023 Arising Out of PS. Case No.-41 Year-2023 Thana- BEN P.S. District- Nalanda ====================================================== MD. HAIDER SON OF HANIF R/O WARD NO.43, KATRAPAR, BIHARSHARIF, P.S.- BIHARSHARIF, DISTRICT- NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code.

3. Allegedly, petitioner is said to have committed theft of one she buffalo and its two calf of the informant and one he buffalo with calf of one Rahul Kumar as the stolen buffaloes and calf have been recovered loaded on his pick up Van. The driver of the seized vehicle fled away from the spot.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to local party politics. The

Patna High Court CR. MISC. No.77555 of 2023(2) dt.07-12-2023 2/2 allegation levelled against the petitioner is not specific rather general and omnibus in nature. He is not named in the FIR rather his name has been transpired in the present case during course of investigation, as he is registered owner of the pick up Van from which the stolen buffaloes and calves have been recovered. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as petitioner has no criminal antecedent, 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 Ben P.S. Case No. 41 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T