Abid Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56021 of 2023 Arising Out of PS. Case No.-658 Year-2022 Thana- ARARIA District- Araria ====================================================== Abid Hussain Son Of Md. Yasin R/O Zero Mile, Sisouna, Ward No 2,Opposite of Shalimar Hotal, PS and Dist- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2023 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 467, 468, 471, 472, 474, 420/34 of the Indian Penal Code.
3. As per the prosecution story, the informant alleged that he is a motorcycle mechanic having garage at Zero Mile, Araria. One Prem Prakash Bhagat came and offered that if he sells motorcycle from J.M. Motors, Forbesganj, he will get a commission of Rs. 1,000/- per motorcycle. Accordingly, one motorcycle was purchased, total payment received by Prem Prakash Bhagat and thereafter, the motorcycle was handed over to him. In this way, three hundred motorcycles were sold to different persons after getting payments and photocopy of Adhar Card and thereafter, the motorcycle were delivered. However,
Patna High Court CR. MISC. No.56021 of 2023(2) dt.30-08-2023 2/3 from last two months, loan notices started coming from Hero Fin Carp Limited received by all the purchasers and thereafter, the financier started seizing the motorcycle from the road. The allegation is that as the purchasers never visited the office of finance company or showroom nor signed any document, they felt duped. Accordingly, the FIR
4. Petitioner is not named in the F.I.R. Name of the petitioner transpired during course of investigation in the confessional statement of co-accused Salman, who has already been granted regular bail by a coordinate Bench of this Court, vide order dated 19.08.2023 passed in Cr.Misc. No. 52338 of 2023. As a matter of fact, petitioner is victim of circumstances. He was also cheated by co-accused Prem Prakash Bhagat. Petitioner has got clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, 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., Araria in connection with Araria P.S. Case No. 658 of
Patna High Court CR. MISC. No.56021 of 2023(2) dt.30-08-2023 3/3 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay/- U T