Akhatar Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56592 of 2025 Arising Out of PS. Case No.-89 Year-2022 Thana- RAUTA District- Purnia ====================================================== Akhatar Hussain S/o Ishak Uddin R/o Village- Chanipur Masuriya, P.S.- Mahalgaon, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Routa P.S. Case No. 89 of 2022 for the offence under Section 379 of the Indian Penal Code.

3. As per the prosecution story, the informant has alleged that on 07.07.2022, at about 2:00 PM, he went to Rota Market on his black-colored Super Splendor Plus motorcycle, bearing registration number BR11AA1148, to sell cattle. He parked his motorcycle near the fish market in Rota and proceeded to the cattle market. When he returned, he found that his motorcycle was not there. He searched the area thoroughly but was unable to locate the alleged motorcycle. The said motorcycle is registered in the name of his father, Haseebur Rahman.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case, merely on suspicion and grudge without there being

Patna High Court CR. MISC. No.56592 of 2025(2) dt.27-08-2025 2/2 any involvement of the petitioner in the alleged occurrence. The implication of the petitioner in the alleged occurrence is totally false based on imagination and purposely the name of the petitioner has been roped by the police with ulterior motive. Learned counsel further submits that nothing has been recovered from the possession of the petitioner and he is not named in the F.I.R. rather his name has been surfaced in this case on the confessional statement of Md. Imran and Ajmal made before the police.

5. Learned APP opposes the prayer for bail.

6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Routa P.S. Case No. 89 of 2022 subject to the conditions as laid down under Section 482 of B.N.S.S. (S. B. Pd. Singh, J) Ankit Kumar/- U T