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Patna High CourtCR. MISC./45601/2025bail granted

Reyaz Miyan v. The State Of Bihar

2025-07-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45601 of 2025 Arising Out of PS. Case No.-225 Year-2021 Thana- BAIRIYA District- West Champaran ====================================================== Reyaz Miyan Son of Mojammil Miyan @ Mojamil Ansari Resident of village - Kotawa, P.S.- Bhangaha, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sujeet Kumar, Advocate For the State :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 379 of the Indian Penal Code.

3. As per prosecution case, it is alleged that some unknown person stole the motorcycle of the informant.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. F.I.R. was lodged against unknown for theft of motorcycle of informant. Name of this petitioner transpired in this case during course of investigation on the basis of confessional statement of co-accused person. Except confessional statement there is no material on record to show the complicity of this petitioner in the alleged occurrence. No

Patna High Court CR. MISC. No.45601 of 2025(2) dt.28-07-2025 2/2 incriminating article has been recovered from conscious possession of this petitioner. Petitioner has got no criminal antecedent of similar nature.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case and general and omnibus nature of accusation, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-Vth, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 225 of 2021, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T