Md Sahid Alias Md Tahir Quraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8920 of 2024 Arising Out of PS. Case No.-432 Year-2021 Thana- ATRI District- Gaya ====================================================== Md Sahid @ Md. Tahir Quraishi, S/o Md. Khalid, R/O Mohalla- Belhariya, P.O. + P.S. Tekari, District, Gaya, Bihar-824236 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gyanendra Kr Shukla For the Opposite Party/s:

Mrs. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2024 Heard learned counsels for the parties.

2.

Earlier the anticipatory bail application of the petitioner was rejected by this Court on 19.09.2023 in Cr. Misc. No.43796 of 2023. Now, the petitioner has filed this second anticipatory bail application.

3.

The petitioner apprehends his arrest in connection with Atri P.S. Case No.432 of 2021, registered for the offence punishable under Sections 379 of the Indian Penal Code. 4.

As per the FIR, on 29.11.2021, informant parked his tempo at his door and on next morning he found that his tempo was missing.

5.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.8920 of 2024(3) dt.13-09-2024 2/2 the manner as alleged, has ever taken place. There is no specific overt act against the petitioner. Petitioner has no criminal antecedent. 6.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that in view of the recent decision of the Supreme Court in the case of G.R. Ananda Babu vs. State of Tamil Nadu and Another reported in 2021 SCC Online SC 176, this second anticipatory bail application is not maintainable. 7.

Considering the decision of the Supreme Court in the case of G.R. Ananda Babu (supra), the second anticipatory bail application of the petitioner is not maintainable and it is accordingly, dismissed. (Anjani Kumar Sharan, J) shikha/- U T