Anwar Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4571 of 2020 Arising Out of PS. Case No.-150 Year-2013 Thana- JOGAPATTI District- West Champaran ====================================================== Anwar Hussain S/o Late Rahamtullah Sah, R/o Village- Bari Tola, P.S.- Bettiah (Muffasil), District- West Champaran. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Yogapatti (Sanichari) P.S. Case No. 150 of 2013 registered for the offences punishable under Sections 467, 468, 471, 420, 414/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that neither the petitioner has prepared any document nor the petitioner is owner of the vehicle in question nor even the petitioner had any knowledge that the vehicle in question was stolen or having any trouble with regard to ownership. The petitioner is in custody since 23.11.2019 having no criminal antecedent.

Patna High Court CR. MISC. No.4571 of 2020(2) dt.23-01-2020 2/3 Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that when the vehicle in question was intercepted by the police this petitioner produced the papers of the ownership of the said vehicle in the name of his son-in-law under a bonafide belief that the vehicle stands in the name of his son-in-law and he had purchased the same whereas later on the allegation came that those documents were forged and fabricated documents. The petitioner is in custody since 23.11.2019 and has no criminal antecedent, in such circumstance, let the petitioner above named be released on bail in connection with Yogapatti Sanichari P.S. Case No. 150 of 2013 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of

Patna High Court CR. MISC. No.4571 of 2020(2) dt.23-01-2020 3/3 the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) vats/ved U T