Disposed

Md. Jilani v. The State of Bihar

Patna HC16 Jul 2024CR. MISC./25145/2024

Case brief

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What is this about?

Petitioner apprehended arrest in a stolen tractor case under Section 414/34 IPC with no recovery from him and his name surfacing via a witness in the case diary; court granted anticipatory bail on standard conditions.

What did the court decide?

Anticipatory bail granted on furnishing bail bond of Rs.10,000/- with two sureties of like amount, subject to Section 438(2) Cr.P.C. conditions.

Md. Jilani Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25145 of 2024

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Arising Out of PS. Case No.-485 Year-2023 Thana- PARBATTA District- Khagaria

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

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Md. Jilani S/o Md. Rais Ahmad @ Md. Rahis R/o vill - Sultanpur, P.S. - Parbatta (Pipra Latif), Distt.- Khagaria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Abhay Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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3 16-07-2024 Heard learned counsel for the parties.

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The petitioner apprehends his arrest in a case registered for the offence under Section 414/34 of Indian Penal Code.

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As per allegation in the FIR, stolen tractor bearing engine no.PX3-302D431416 has been recovered and seized from the possession of co-accused Rajpal Kumar.

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Learned counsel for the petitioners submits that the petitioner is innocent and has falsely been implicated in the present case. He next submits that from perusal of the FIR, it appears that there is no specific allegation against the petitioner. He next submits that the name of the petitioner transpired by witness, namely, Anita Kumar in para-36 of the case diary and there is no recovery from the possession of the petitioner.

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Patna High Court CR. MISC. No.25145 of 2024(3) dt.16-07-2024 2/2

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Similarly situated co-accused has been granted anticipatory bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 27630 of 2024.

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However, learned APP for the State vehemently opposed the prayer for anticipatory bail of the petitioner.

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In the facts and circumstances of the case, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Khagaria in connection with Maraiya (Parbatta) P.S. Case No. 485 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Ramesh Chand Malviya, J)

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Brajesh Kumar/- U T

Md. Jilani v. The State of Bihar

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Md. Jilani v. The State of Bihar

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