Naushad Dewan @ Naushad Shah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36793 of 2023 Arising Out of PS. Case No.-283 Year-2017 Thana- RAMNAGAR District- West Champaran ====================================================== NAUSHAD DEWAN @ NAUSHAD SHAH S/O MANEER DEWAN R/O Village- Telpur, P.S- Lauriya, Distt.- West Champaran. ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Kishun Prasad, Adv.
For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379, 411 and 413/34 of the Indian Penal Code pending in the learned court below.
3. As per the prosecution case, there is allegation against the petitioner to give the stolen bike the other accused persons for sale.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is named in the F.I.R.. He submits that apprehended persons disclosed the name of the petitioner that the said stolen motorcycle was given by the
Patna High Court CR. MISC. No.36793 of 2023(2) dt.07-08-2023 2/2 petitioner to them. He further submits that there is no incriminating article has been recovered from the conscious possession of the petitioner. He submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes for prayer for bail.
6. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Ramnagar P.S. Case No.283/2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T