Muna Miyan @ Munna @ Nurej Aalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32764 of 2025 Arising Out of PS. Case No.-256 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== Muna Miyan @ Munna @ Nurej Aalam S/o Jauwad Ray Resident of villageKhekhariya, P.s.- Raxaul, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate.

For the Opposite Party/s :

Mr. Pranav Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Raxaul P.S. Case No.256 of 2024 instituted under Sections 309(4), 317(2) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, while the informant alongwith his friend was going on a bike, three miscreants intercepted them and mobile of the informant was snatched by one of the miscreants. Co-accused Saurabh Singh was apprehended with the help of passerby, who attempted to run away with the bike.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that name of the petitioner has been surfaced in this case only on the basis of confessional statement of the apprehended co-accused Saurabh Singh. Learned counsel submits

Patna High Court CR. MISC. No.32764 of 2025(2) dt.19-05-2025 2/2 that there is no material against the petitioner except the confessional statement of the co-accused. He further submits that petitioner has one criminal antecedent, in which, he is on bail. Learned counsel submits that similarly situated co-accused person, namely, Nikhil Kumar has been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 12.12.2024 passed in Cr. Misc. No.83210 of 2024. He further submits that petitioner undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned SubDivisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Raxaul P.S. Case No.256 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T