Dismissed

MD Sahid @ Sahid v. the State of Bihar

Patna HC15 Jun 2021CR. MISC./16317/2021

Case brief

AI extract

What is this about?

This is a bail application where the petitioner, an apprehended accused in a theft case, sought pre-arrest bail. The court dismissed the application but observed that the matter would be considered on merits if the petitioner files an application before the court below.

What did the court decide?

Application for pre-arrest bail dismissed; Court observed it would consider bail on merits if prayed before court below.

MD Sahid @ Sahid Vs the State of Bihar — Bail and Remand | Patna HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16317 of 2021

¶2

Arising Out of PS. Case No.-147 Year-2020 Thana- KURSAKANTA District- Araria ====================================================== Md Sahid @ Sahid, age 35 years (male), son of Md. Irfan @ Urfan, resident of Village - Baturbari, P.S.- Tarabari, Distt.- Araria.

¶3

... ... Petitioner/s Versus

¶4

The State Of Bihar

¶5

... ... Opposite Party/s

¶6

====================================================== Appearance : For the Petitioner/s : Mr. Nafisuzzoha, Advocate For the State : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 15-06-2021

¶7

The matter has been heard via video conferencing.

¶8

The case has been taken up out of turn on the basis

¶9

of motion slip filed by learned counsel for the petitioner yesterday, which was allowed.

¶10

Heard Mr. Nafisuzzoha, learned counsel for the petitioner and Mr. Md. Arif, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.

¶11

The petitioner apprehends arrest in connection with Kursakanta PS Case No. 147 of 2020 dated 27.08.2020, instituted under Sections 379, 411/34 of the Indian Penal Code.

¶12

The allegation against the petitioner is that he, along with three others persons, was stealing four buffaloes of the informant from his house at night.

¶13

Patna High Court CR. MISC. No.16317 of 2021 dt.15-06-2021 2/3

¶14

Learned counsel for the petitioner submitted that two persons were caught by the informant and they have taken the name of the petitioner that he was the driver of the pick-up van on which there were two buffaloes loaded and two were outside. It was submitted that only on such statement of coaccused, the petitioner has been made an accused. Learned counsel submitted that he was only the driver of the pick-up van and had taken the vehicle on the direction of co-accused without having any knowledge that the buffaloes were stolen. Learned counsel submitted that the petitioner had gone to his home and had asked the owner that when the cattle would be loaded they should inform him so that he could drive the vehicle back and, thus, he was totally unaware of the reality, much less being party to any theft.

¶15

Learned APP submitted that the petitioner has an antecedent of similar case of the year 2018 and further, that it cannot be believed that the petitioner was unaware of the cattle being stolen for the reason that there was no occasion for him to take the vehicle at night to any place if it was a bona fide dealing of sale and purchase of the cattle. It was submitted that petitioner has admitted that he was the driver of the vehicle and had taken the vehicle to the place from where it has been

¶16

Patna High Court CR. MISC. No.16317 of 2021 dt.15-06-2021 3/3

¶17

recovered along with the buffaloes.

¶18

Having considered the facts and circumstances of

¶19

the case and submissions of learned counsel for the parties, the Court is not inclined to grant pre-arrest bail to the petitioner.

¶20

Accordingly, the application stands dismissed.

¶21

However, in view of submission of learned counsel for the petitioner, it is observed that if the petitioner appears before the Court below and prays for bail, the same shall be considered on its own merits, in accordance with law, without being prejudiced by the present order.

¶22

(Ahsanuddin Amanullah, J)

¶23

Anjani/-
AFR/NAFR
U T

MD Sahid @ Sahid v. the State of Bihar

Case brief

What is this about?

What did the court decide?

MD Sahid @ Sahid v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bir Bahadur Rawat @ Veer Bahadur Rawat@ Beer Bahadur Rawat Vs The State of Bihar

MD Sahid @ Sahid Pradhan Vs the State of Bihar

Mila Devi Vs The State of Bihar

Rajniti Kumar Rai @ Sanjeev Kumar Suman Vs The state of Bihar

Akash Mukhiya Vs The State of Bihar

Harendra Singh Vs The State of Bihar