Hero @ Shamshe Azam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53187 of 2021 Arising Out of PS. Case No.-179 Year-2020 Thana- BHITAHA District- West Champaran ====================================================== Hero @ Shamshe Azam S/O Late Sikandar @ Late Seikh Sikandar Hussain R/O Village-Sheikh Patti, Bhuidharwa, P.S-Bhitaha, District-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379, 411 of the Indian Penal Code.

The prosecution case as per F.I.R is that on receiving information that petitioner used to buy and sell stolen bikes, search was made. It is alleged that on torch light, the informant recognized the petitioner

Patna High Court CR. MISC. No.53187 of 2021(2) dt.29-06-2022 2/3 and after seeing the police personnel, the informant fled away from the place. Accordingly, a stolen motorcycle was seized and seizure list was prepared. It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. The petitioner was not apprehended from the spot nor anything has been recovered from the conscious possession of the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Bagaha, West Champaran in connection with Bhitaha P.S. Case No. 179 of 2020,

Patna High Court CR. MISC. No.53187 of 2021(2) dt.29-06-2022 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T