Majid Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32056 of 2015 Arising Out of PS.Case No. -252 Year- 2015 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. MAJID MIAN Son of Late Noor Hassan Mian, resident of villageTuraha Patti, P.S.- Sirisia, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 3 02-11-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 447/ 323/ 324/307/380/504/34 of the Indian Penal Code. Learned counsel for the petitioner submits that a false case is made out against the petitioner as he is bonafide purchaser of the vehicle in question which was intercepted and seized. It is further submitted that all the relevant papers were produced at the time of seizure but a false and concocted case was carved out to implicate this petitioner.

With regard to the aforementioned fact, learned counsel has referred to Anenxure-2 which is certificate of registration in the name of former owner namely, Ramesh Kumar Yadav and the

Patna High Court Cr.Misc. No.32056 of 2015 (3) dt.02-11-2015 P2/2 process of transfer was under process.

Learned counsel for the State submits that the very ownerbook of Ramesh Kumar Yadav was a forged document and, therefore, the petitioner cannot claim any benefit therefrom. However, considering the facts and circumstances of the present case and that there was a bonafide purchaser having been himself duped by the original owner of the vehicle, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Bettiah Muffasil (Manuapul) P.S. Case No. 252 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T