Amzad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8743 of 2020 Arising Out of PS. Case No.-529 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== Amzad Son of Late Abulaish @ Shekh Abulaish Resident of VillageMadhopur Madhumalat Tola Gaharipur, P.S.-Turkauliya, District-East Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Umesh Chandra Verma For the Opposite Party :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Turkauliya P.S. Case No. 529 of 2019 for the offence punishable under Sections 413 and 414 of the Indian Penal Code. The allegation is regarding unknown miscreants having intercepted the informant and snatched the motorcycle of the informant, however, two miscreants were caught with the stolen motorcycle but one managed to flee away. The miscreants are stated to have taken the name of the person who had fled away to be that of the petitioner herein.

The learned counsel for the petitioner has submitted that the petitioner is innocent, is having a clean antecedent and has been falsely implicated in the present case. It is further, submitted that the name of the petitioner has transpired in the

Patna High Court CR. MISC. No.8743 of 2020(2) dt.28-02-2020 2/2 present case upon the confessional statement made by the coaccused person and the fact is that the stolen motorcycle has not been recovered from the petitioner. It is further submitted that the petitioner is having a clean antecedent and would definitely join investigation.

Having regard to the facts and circumstances, considering the submissions made by the learned counsel for the parties, I deem it fit and proper to grant anticipatory bail to the petitioner.

Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner above named is directed to be released on anticipatory bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkauliya P.S. Case. No. 529 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) K.K.RAO/- U T