Md. Kasid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78330 of 2023 Arising Out of PS. Case No.-152 Year-2023 Thana- RAJGIR District- Nalanda ====================================================== Md. Kasid Son of Md. Nasim R/o vill - Sabaji Mandi, P.S. and Distt. - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nitya Nand Neeraj, Adv.

For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Rajgir P.S. Case No. 152 of 2023 dated 17.03.2023 registered for the offence/s punishable u/s 379, 411 and 34 of the Indian Penal Code.

3. As per the prosecution case, three unknown persons took the buffalo of the informant in a pick up van, driven by the unknown person. The informant reported it and police chased the vehicle. The miscreants left the pick up van and the buffalo was recovered.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The

Patna High Court CR. MISC. No.78330 of 2023(2) dt.16-01-2024 2/2 petitioner is not named in the FIR. The name of the petitioner has sprung up in this case on suspicion. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated at para 3 of the bail petition and there is no chance of absconding or tampering with the evidence.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on 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, C.J.M., Biharsharif, Nalanda in connection with Rajgir P.S. Case No. 152 of 2023 subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

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