Md Arif @ Sekh Arif Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26488 of 2023 Arising Out of PS. Case No.-182 Year-2022 Thana- MIRGANJ District- Purnia ====================================================== MD ARIF @ SEKH ARIF HUSSAIN SON OF LATE SAJUL @ SEKH SAIDUL HAK RESIDENT OF VILLAGE RANGPURA (RANGPURE) PS MIRGANJ ,DISTRICT PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal, Adv.

For the Opposite Party/s :

Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 379/411 of the IPC. Allegedly, one stolen motorcycle is alleged to have been recovered from the back side of the house of the petitioner. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. No incriminating article has been recovered from the conscious physical possession of the petitioner. There is no evidence against the petitioner in the case diary. It is further

Patna High Court CR. MISC. No.26488 of 2023(2) dt.13-07-2023 2/2 submitted that the petitioner is doing business in Forbisganj (Araria) and on the alleged date, he was not in the house from where recovery is said to have been made. The same motorcycle was recovered from a street in back of the petitioner's house, which is accessible by anyone. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Mirganj P.S. Case No.182/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T