Md. Mahboob v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42870 of 2025 Arising Out of PS. Case No.-300 Year-2024 Thana- DAGARUA District- Purnia ====================================================== Md. Mahboob Son of Md. Manzoor @ Manzoor Resident of Farakia, P.S.- Dagarua, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-07-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Dagarua P.S. Case no.300 of 2024, registered under sections 303(2), 317(5), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the informant states that on having received information about theft of oil being committed in the parked heavy vehicles, it is stated that search was started. A Scorpio vehicle made an attempt to escape but fell in a ditch. One of the occupants of the vehicle was caught and 50 litres of oil was recovered. It is stated that one of the accused who was caught disclosed the names of the other two accused who had managed to escape.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.42870 of 2025(2) dt.18-07-2025 2/2 neither the petitioner was arrested at the spot nor any incriminating article recovered from his possession. He has been falsely implicated in the case only for the reason that he is the subsequent purchaser of the vehicle in question (though the vehicle is still not registered in his name). The petitioner has no criminal antecedent and undertakes to cooperate in the investigation/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R., the petitioner not having been arrested at the spot and especially the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Dagarua P.S. Case no.300 of 2024 on furnishing bail bond 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.

(Partha Sarthy, J) avinash/- U T