Amanullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10987 of 2020 Arising Out of PS. Case No.-188 Year-2016 Thana- BASANTPUR District- Siwan ====================================================== 1.

AMANULLAH Son of Late Md. Ali Imam Resident of Village - Kadilpur Tole, Nabiganj, P.S.- Khaira, Distt - Saran at Chapra. 2.

Danish Siddique Son of Amanullah Resident of Village - Kadilpur Tole, Nabiganj, P.S.- Khaira, Distt - Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Singh For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2020 Heard the learned counsel for the petitioners and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Basantpur P.S. Case No. 188 of 2016, registered for the offence punishable under Section 379 of the Indian Penal Code.

The allegation is regarding theft of four wheeler of the informant by unknown miscreants.

The learned counsel for the petitioners submits that the petitioners are innocent, they are having a clean antecedent and they have been falsely implicated in the present case. It is

Patna High Court CR. MISC. No.10987 of 2020(2) dt.06-03-2020 2/3 further submitted that the petitioners have been falsely roped in the present case on account of the confessional statement made by one co-accused person, namely, Arman Ali, who was arrested by the police and interrogation was made. It is further submitted that no recovery has been made from the house of the petitioners.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners as also taking into account the fact that neither any recovery has been made from the house of the petitioners nor the petitioners are having any criminal antecedent, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail.

Accordingly, the petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Basantpur P.S. Case No. 188 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.10987 of 2020(2) dt.06-03-2020 3/3 Procedure.

(Mohit Kumar Shah, J) Ajay/- U T