Md. Tahir And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.39558 of 2013 (2) dt.24-12-2013

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39558 of 2013 ======================================================

1. Md. Tahir S/O Naushad Ali

2. Saibur @ Rahmat S/O Naushad Ali .... .... Petitioner/s

Versus

1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-12-2013 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. At the very outset, it is pointed out by learned counsel for the petitioners that petitioner no. 2, namely, Saibur @ Rahmat has already been taken into judicial custody in connection with the present case and accordingly, his prayer for anticipatory bail has become infructuous.

So far as petitioner no. 1, namely, Md. Tahir is concerned, it is submitted that there is delay of one month in filing the present case and nothing has been recovered from his conscious possession.

It would appear from perusal of the first information report that petitioners took rupees 75,000/- from the informant on pretext to give her gold biscuit and accordingly, petitioners handed

Patna High Court Cr.Misc. No.39558 of 2013 (2) dt.24-12-2013 over counterfeit gold biscuits.

Considering the aforesaid facts and circumstances as well as submissions of the parties, the prayer for anticipatory bail of petitioner no. 2 stands dismissed being infructuous and the prayer for anticipatory bail of petitioner no. 1 in connection with Pranpur P.S. Case No. 23 of 2013 pending in the court of Chief Judicial Magistrate, Katihar stands rejected. (Hemant Kumar Srivastava, J) SHAHZAD/-