Siraj Manshuri @ Seraj Mansuri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48915 of 2024 Arising Out of PS. Case No.-556 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Siraj Manshuri @ Seraj Mansuri S/o Kalam Mansuri @ Kalam Miyan R/o Village Bari Tola PO Banuchhapar PS Bettiah Muffasil District West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Sugauli P.S. Case No. 556 of 2023 dated 19.12.2023, lodged under Sections 379, 411 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against the sole petitioner. The allegation against the petitioner is that he has stolen two batteries which was found in his vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the petitioner is basically the victim of disobeying the instruction of the owner of the tower as he refused to remove the battery and upon refusal, the tower owner has filed this case

Patna High Court CR. MISC. No.48915 of 2024(3) dt.18-09-2024 2/2 against him. Counsel further submits that the name of the petitioner has come first time and he is ready to fulfill all the conditions whatsoever shall be imposed upon him. Counsel submits that petitioner is the driver of an ambulance and he has log book of his ambulance and submits that he is basically the victim of this FIR. Counsel also submits that the criminal antecedent of the petitioner is clean.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (thirty thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Motihari, East Champaran in connection with Sugauli P.S. Case No. 556 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dr. Anshuman, J) Divyansh/- U T