Md. Chand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52685 of 2023 Arising Out of PS. Case No.-130 Year-2022 Thana- DHAMDAHA District- Purnia ====================================================== MD. CHAND, S/O MD. SATTAR R/O KUNWARI, P.S- DHAMDAHA, DISTT.- PURNEA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Md. Fazle Karim, Advocate For the State :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-11-2023 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 413, 414 and 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have bought a stolen motorcycle.

4. It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. Name of the petitioner has transpired in the confessional statement of coaccused Prince Kumar @ Chiku wherein he has stated that he has sold the stolen motorcycle to this petitioner. No stolen motorcycle has been recovered from the possession of the petitioner and merely on the basis of confessional statement, petitioner has been falsely implicated in this case. Petitioner

Patna High Court CR. MISC. No.52685 of 2023(4) dt.08-11-2023 2/2 claims clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, the prayer for anticipatory bail of the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six 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 C.J.M., Purnea, in connection with Dhamdaha P.S. Case No.130 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T