Shekh Nurul @ Sheikh Nurul @ Mohammad Nurul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56688 of 2024 Arising Out of PS. Case No.-42 Year-2019 Thana- KATHAIYA District- Muzaffarpur ====================================================== Shekh Nurul @ Sheikh Nurul @ Mohammad Nurul Son Of Shekh Alam Village -MAHIMA Gopinathpur Ps- Kathaiya, DistrictMuzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-10-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Kathaiya P.S. Case no. 42 of 2019 registered under section 392 of the Indian Penal Code.
3. As per the prosecution case, the informant states that while he was going on his motorcycle, four accused persons on two motorcycle on the point of knife looted him of his motorcycle and escaped.
4. Learned counsel for the petitioner submits that the F.I.R was registered against unknown. The petitioner was falsely
Patna High Court CR. MISC. No.56688 of 2024(3) dt.04-10-2024 2/3 implicated in the case in course of investigation when it was alleged that this stolen motorcycle was recovered from the house of the petitioner. Learned counsel in reference to the F.I.R submits that while the registration number of the informant's vehicle is BR-06AH-4727, from the seizure list enclosed with the F.I.R, the vehicle which was seized from the petitioner's house belongs to the petitioner and the same bears Registration no. BR-06AD-0125. In support of the ownership, the petitioner has also brought on record the insurance policy with respect to the vehicle as Annexure-P/2 to the petition. The petitioner has no criminal antecedent.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the submissions made by learned counsel for the petitioner as noted here-in-above and especially the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Kathaiya P.S. Case no. 42 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.56688 of 2024(3) dt.04-10-2024 3/3 satisfaction of the learned Sub-Divisional Judicial Magistrate, West Muzaffarpur, Muzaffarpur.
(Partha Sarthy, J) Harsh/- U T