Md. Noor @ Md. Enul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1441 of 2025 Arising Out of PS. Case No.-127 Year-2024 Thana- Sahayak Khajanchi District- Purnia ====================================================== Md. Noor @ Md. Enul S/o Late Siddique Residing at ward no. 15, Murgi Farm, P.s. - K. Hat, Distt. - Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Helal Ahmad,Adv Md. Ejaz Akhtar, Adv For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends his arrest in connection with Sahayak Khazanchi P.S. Case No. 127 of 2024 registered for the offences punishable under Sections 334(1), 303(2), 317(2) of the BNSS Act .
3. The FIR was lodged against two unknown thieves who had entered into the Bajrangbali temple and removed the crown of the idol and the said incident was got recorded in the C.C.T.V camera.
4. Learned counsel for the petitioner submits that FIR was lodged against two unknown thieves but subsequently, they were identified in the C.C.T.V camera as Kishan Kumar and
Patna High Court CR. MISC. No.1441 of 2025(3) dt.23-04-2025 2/3 Pratosh. The name of the petitioner has transpired in the confessional statement of said Kishan Kumar before the police in which while admitting his guilt stated that he sold the article in the scrap shop of the petitioner for an amount of Rs. 700/- and the stolen crown was seized from the scrap shop of the petitioner stated in paragraph-7 of the case diary.
5. Learned counsel for the petitioner further submits that the confessional statement of the co-accused would have no evidentiary value and moreover, even if, the petitioner had purchased the said article, he had no knowledge whatsoever that the said article was stolen one. He further submits that the sanctity of the seizure list is also under challenge.
6. The learned APP for the State opposes the bail application.
6. Taking into consideration that the petitioner has no criminal antecedent, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Purnea, in Sahayak Khazanchi P.S. Case No. 127 of
Patna High Court CR. MISC. No.1441 of 2025(3) dt.23-04-2025 3/3 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that the petitioner shall co-operate in investigation/ trial.
(Soni Shrivastava, J) N.K/- U T