Md. Danish Raza v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41908 of 2024 Arising Out of PS. Case No.-202 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== Md. Danish Raza Son of Md. Mubark Ali @ Md. Mubarak Village- Parbheli, Near Panchayat Bhawan, PS- Kathar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nishant Kumar Sinha. Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-07-2024 Heard learned advocate appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Sadar P.S. Case No. 202 of 2023, registered for the offences punishable under Sections 379, 461, 411 of the Indian Penal Code.
3. It is alleged that on 07.03.2023, the informant, who was engaged in business of fox nut went to his godown and found that 115 bags of fox nut and a small honda generator inverter were missing. On inquiry, he came to know that two days ago a Tata Magic Ace was seized by the police which was carrying fox nut.
4. Learned advocate appearing on behalf of the
Patna High Court CR. MISC. No.41908 of 2024(2) dt.20-07-2024 2/3 petitioner contended that only on account of petitioner being the owner of Tata Magic Ace, his name has been implicated in the case without there being any material. The learned Advocate contended that from the F.I.R. it is evident that the alleged occurrence was taken place on 07.03.2023 but surprisingly the vehicle in question was seized by the police on 05.03.2022 and as such a serious doubt has been raised on the prosecution case. Moreover, the vehicle in question was run by the driver and the petitioner cannot be held liable for any illegal activity committed by the driver. Taking note of the aforesaid fact, the driver of the vehicle has been allowed the privilege of anticipatory bail in Cr. Misc. No.55935 of 2023 vide order dated 09.11.2023. The petitioner is of fair antecedent and he undertakes that he will fully cooperate in the proceedings of the Court.
5. On the other hand, learned counsel for the State vehemently opposed the pre-arrest bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the name of the petitioner has been implicated in this case only on account of he being the owner of the vehicle. Moreover, the co-accused who is said to be the driver of the vehicle have been allowed the
Patna High Court CR. MISC. No.41908 of 2024(2) dt.20-07-2024 3/3 anticipatory bail, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea, in connection with Sadar P.S. Case No. 202 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) durgesh/- U T