Allowed

Md. Babar v. The State of Bihar

Patna HC18 Jan 2023CR. MISC./53766/2022

Case brief

AI extract

What is this about?

The High Court of Patna allowed a bail application filed by Md. Babar, who was apprehending arrest in a theft case. The court permitted him to be enlarged on anticipatory bail upon surrendering within six weeks and furnishing a bail bond of Rs. 20,000 with two sureties.

What did the court decide?

Enlargement on anticipatory bail upon surrender within six weeks and furnishing a bail bond of Rs. 20,000 with two sureties.

Md. Babar Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53766 of 2022

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Arising Out of PS. Case No.-296 Year-2021 Thana- RAJAON District- Banka

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======================================================

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MD. BABAR S/o Md. Jasim R/o village- Khariara, P.S.- Barahat, DistrictBanka

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Md. Najmul Hodda For the Opposite Party/s : Mr.Shyameshwar Dayal ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 18-01-2023

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Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 379 and 411 of the Indian Penal Code and Section 11, 41 and 56 (2) of Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Rules 2019 and Section 4(1) and 21 of MMDR Act 1957.

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As per the prosecution case, the police intercepted a truck loaded with sand and on seeing the police, the driver of

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Patna High Court CR. MISC. No.53766 of 2022(2) dt.18-01-2023 2/3

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the said truck managed to flee away and during the local Inquiry the informant came to know that the petitioner and the coaccused person used to work as passar for the vehicle illegally loaded with sand.

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Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is neither the driver nor the owner of the said truck. The petitioner has no concern with the illegally loading of sands and the petitioner was not present at the place of occurrence. The petitioner is accused in five other criminal cases out of which two cases are related to similar nature of offense as stated in para 3 of the bail petition.

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Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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Considering the aforesaid facts and circumstances of the case, as well as the material available in the case diary, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/(Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Banka in connection with Rajaon P.S. Case No. 296 of 2021, subject to

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Patna High Court CR. MISC. No.53766 of 2022(2) dt.18-01-2023 3/3

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conditions as laid down under Section 438 (2) of the Code of

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Criminal Procedure.

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This application stands allowed.

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(Chandra Prakash Singh, J)

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niku/-

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U T

Md. Babar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Babar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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