Makhdum Hussain @ Md. Makhadum Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5531 of 2026 Arising Out of PS. Case No.-512 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Makhdum Hussain @ Md. Makhadum Hussain S/o Late Abdul Wahid Miyan Resident of Village- Chorma (Laheri Tola), PS- Pakaridayal, District- East Champaran Motihari ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms.Asha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 512 of 2024 instituted for the offence under Sections 317(5), 318(4), 338, 336(3), 336(4) & 61(2) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case in a nutshell is that police during patrolling, intercepted a motorcycle boarded by three accused, including the petitioner and on interrogation, they were unable to produce the valid documents and have disclosed that motorcycle in question is stolen one.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. There is inordinate delay of three days in lodging the F.I.R. The name

Patna High Court CR. MISC. No.5531 of 2026(2) dt.03-02-2026 2/2 of the petitioner transpired in this case on the basis of confessional statement of co-accused Akhtar Dewan. The said stolen vehicle has not been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 30.04.2025 passed in Cr. Misc. No. 23724 of 2025. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Muffasil P.S. Case No. 512 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) manish/- U T