Tarik Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55240 of 2022 Arising Out of PS. Case No.-162 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== Tarik Anwar Son Of Ashrarul Haq R/O Village- Pakhi, P.S.- Adapur, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No 2, Advocate.

For the Opposite Party/s :

Mr. Umanath Mishra, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Ghorasahan (Lakhawara) P. S. Case No. 162 of 2022 registered for the offences punishable under Sections 379 & 411 read with Section 34 of the Indian Penal Code. As per the prosecution case, the police, on a secret information, apprehended one co-accused person, namely, Sheb Alam with a vehicle bearing registration no. BR-02-U-9676 loaded with LT AB cable of Electric Department, which was earlier stolen by some unknown persons. It is further alleged that the apprehended co-accused person disclosed the name of five other persons including the petitioner.

Learned counsel for the petitioner has submitted that the

Patna High Court CR. MISC. No.55240 of 2022(2) dt.23-01-2023 2/2 petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The name of the petitioner has transpired on the disclosure of the co-accused persons. The aforesaid seized vehicle was not driven by the petitioner. Being owner of the said vehicle, his name has been implicated in this case. Nothing has been recovered from the possession of the petitioner.

Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Motihari, East Champaran, Motihari in connection with Ghorasahan (Lakhawara) P. S. Case No. 162 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U T