Md Tanweer Khan @ Bhulan @ Md Tanweer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29333 of 2024 Arising Out of PS. Case No.-260 Year-2023 Thana- DARBHANGA District- Darbhanga ====================================================== Md Tanweer Khan @ Bhulan @ Md Tanweer, Son of Md Mosim Khan Resident Of Mohalla- Manahar Road, Karamganj, P.S.-Laherisarai, Distt.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidyanath Prasad, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner is apprehending his arrest in connection with Town P.S. Case No. 260 of 2023, registered on 28.08.2023 for the offences under Sections 413, 414 and 465 of the Indian Penal Code.

3. As per prosecution case, during regular checking of vehicles, co-accused Md. Sakib was arrested with stolen motorcycle and he disclosed that he had been dealing in the sale and purchase of stolen motorcycles along with other co-accused persons including this petitioner. Further, raids were conducted on the houses of the co-accused persons and recovery of stolen motorcycles were made from the houses of other co-accused persons.

Patna High Court CR. MISC. No.29333 of 2024(2) dt.15-05-2024 2/3

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No recovery has been shown from the house of the petitioner and nothing incriminating has been recovered from the person or possession of the petitioner. Except for the confessional statement of co-accused Md. Sakib, there is no substantive material against the petitioner. In these circumstances, there could be no application of Sections 413 and 414 of IPC against the petitioner. Petitioner is having clean antecedent.

5. Learned APP opposes the prayer for anticipatory bail submitting that the petitioner is a member of gang of motorcycle thieves.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the completely vague nature of allegation against the petitioner and also considering the clean antecedent of the petitioner coupled with possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like

Patna High Court CR. MISC. No.29333 of 2024(2) dt.15-05-2024 3/3 amount to the satisfaction of learned C.J.M., Darbhanga/concerned court in connection with Town P.S. Case No. 260 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

However, the learned trial court is directed to verify the criminal antecedent of the petitioner and if any criminal antecedent is found, bail bond of the petitioner will not be accepted.

(Arun Kumar Jha, J) balmukund/- U T