Md. Javed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4534 of 2024 Arising Out of PS. Case No.-156 Year-2023 Thana- TEKARI District- Gaya ====================================================== Md. Javed S/O Md. Sahjad @ Md. Sahjad Alam R/O Mohalla- Belharia, P.STekari, Distt.- Gaya. ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Dhirendra Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-02-2024 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 Tekari P.S. Case No. 156 of 2023 dated 06.03.2023 registered for the offences punishable u/ss 341, 323, 308, 379, 504, 506 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted the informant with iron rod due to which he became unconscious. It is further alleged that the accused persons took out Rs. 50,000/- from the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The F.I.R. was lodged after a delay of 7 days and there is no explanation for the same. The allegation of theft

Patna High Court CR. MISC. No.4534 of 2024(2) dt.22-02-2024 2/2 against the petitioner is ornamental. No incriminating article has been recovered from the possession of the petitioner. There is no injury on the informant as stated in para 10 of the bail petition. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

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, Gaya in connection with Tekari P.S. Case No. 156 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) Gautam/- U T