Mahfuj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60239 of 2021 Arising Out of PS. Case No.-89 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== Mahfuj Alam S/O Md. Yunus @ Yunus Mian R/O Village-Kudwa Mathiya, P.S- Chanpatia (KUMARBAG), District-West Champaran. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner has antecedent of four cases and the informant alleges that on 06.02.2021 at about 8.30 P.M. when he was returning to his home from working place on his motorcycle, when he parked his motorcycle to attend nature's call and when he came back, his bike was found missing and after search, bike could not be located.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case because of his antecedent. The F.I.R. is against unknown. The name of the petitioner transpired in the confessional statement

Patna High Court CR. MISC. No.60239 of 2021(2) dt.12-07-2022 2/2 of co-accused which has no evidentiary value. It is next submitted that petitioner a person with clean antecedent that in one year, he was implicated in four cases as mentioned in Para-3 of the anticipatory bail petition. It is next submitted that all the cases were against unknown in which the petitioner was implicated.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Chanpatia (Kumarbag) P. S. Case No.89 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T