Md. Shahnawaz @ Md. Shahnawaz @ Md. Sikandar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40484 of 2025 Arising Out of PS. Case No.-15 Year-2025 Thana- Lalmatia District- Bhagalpur ====================================================== Md. Shahnawaz @ Md. Shahnawaz @ Md. Sikandar S/o Late Jamal Resident of Kabirpur, P.S.- Nathnagar, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar Jha, Adv For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 303 (2) of the BNS.

3. As per the FIR, the informant has given his Toto bearing registration no. BR10SV5753 to one Bishnu Chaudhary, which was stolen near Nathnagar Jain Mandir Road.

4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR and the name of the petitioner has surfaced on the basis of confessional statement of coaccused Rahul Kumar, who has already been granted bail on 01.05.2025 from the court of Judicial Magistrate, 1st class, Bhagalpur. There is nothing on the record to show that the

Patna High Court CR. MISC. No.40484 of 2025(3) dt.03-09-2025 2/3 recovered articles belongs to the petitioner. The petitioner has two criminal antecedents in which he is on bail.

5. Learned APP for the State vehemently opposed the prayer for anticipatory bail

6. Considering the aforementioned facts and circumstances of the case and also considering that the name of the petitioner surfaced on the confessional statement of co-accused Rahul Kumar, who has already been granted bail, let the above named petitioner, be released on bail, in the event of his arrest/ surrender within a period of six weeks from today, on furnishing bail bonds of Rs 10,000/- (ten 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 Lalmatiya P.S.Case No. 15 of 2025, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition:- (i) On of the bailors should be the family member/ relative of the petitioner, who shall provide official document to show his/ her bona fide.

(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their

Patna High Court CR. MISC. No.40484 of 2025(3) dt.03-09-2025 3/3 bail bond by the Trial Court itself.

(iii) The petitioner shall in no way try to indue or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

(iv) The petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) N.K/- U