Md. Saquib @ Saquib Jamal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85702 of 2023 Arising Out of PS. Case No.-137 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== Md. Saquib @ Saquib Jamal S/O LATE JAMALUDDIN @ JAMAL RESIDENT OF VILLAGE- BOKRA, WARD NO. 4, P.S.- FORBESGANJ (SIMRAHA), DISTRICT- ARARIA ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Jha For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Forbesganj (Simraha) P.S. Case No. 137 of 2022 registered for the offences punishable under Sections 461 and 379 of the Indian Penal Code pending in the Court of learned C.J.M., Araria.

3. As per the prosecution case, it is alleged that the petitioner along with other co-accused have committed theft of clothes worth about Rs. 70,000/- from the shop of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.85702 of 2023(2) dt.16-01-2024 2/2 specific rather general and omnibus in nature. He submits that only on the basis of suspicion petitioner has been made accused in the present case. He further submits that there is no specific overt act against the petitioner. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State vehemently opposing the bail petition submitted 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 nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

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