Md. Nasruddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87179 of 2024 Arising Out of PS. Case No.-1004 Year-2023 Thana- DANAPUR District- Patna ====================================================== Md. Nasruddin S/O Late Md. Nizamuddin R/O Mohalla - Dargah Road, Karbala, Ps-Sultanganj, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ansul Mr. Mahtab Alam For the Opposite Party/s :
Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in Danapur P.S. Case No. 1004 of 2023 registered for the offences punishable under Section 392 of the Indian Penal Code.
3. The prosecution case, in brief, is that the informant was coming from Gola Road towards Military Hospital, Danapur in Auto no. BR01PP-5825 and when the auto was 100 meters behind from the Saguna More, two persons sat in the said auto. It is alleged that they snatched her ear bali and gold chain. When she shouted for help, they got down from the auto and the auto driver flew away with the auto key.
Patna High Court CR. MISC. No.87179 of 2024(2) dt.19-12-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to high handedness of police merely being son-in-law of the owner of the seized auto. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that, on the basis of confessional statement of apprehended co-accused, stolen article has been recovered from the house of the petitioner. The petitioner lives in the house of his father-in-law. He further submits that petitioner is a cancer patient, therefore, he prays for anticipatory bail. The petitioner has two criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail and submits that the petitioner is also involved in the present case, hence, he does not deserve privilege of anticipatory bail.
6. Considering the facts and circumstances of case and the fact that recovery was made from the house of father-inlaw of the petitioner and the petitioner is also involved in the present case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
Patna High Court CR. MISC. No.87179 of 2024(2) dt.19-12-2024 3/3
7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order, considering the fact that petitioner is a cancer patient. (Anjani Kumar Sharan, J) anand/- U T