Mahmood v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69526 of 2024 Arising Out of PS. Case No.-712 Year-2018 Thana- ARARIA District- Araria ====================================================== Mahmood Son of Md Sawood @ Sawood Alam Resident of Village - Sangora, P.S. - Palasi, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Araria P.S. Case No.712 of 2018 instituted for the offence under Section 379 of the Indian Penal Code.

3. The case of the prosecution is that on 22.10.2018, the informant along with his father went to Canara Bank, Araria branch by his bike. The bike was parked in the premise of the Bank. When he came back after some time, he found that his bike was missing. The FIR was lodged against unknown accused persons.

4. Learned counsel appearing on behalf of the petitioner has submitted that the name of this petitioner has

Patna High Court CR. MISC. No.69526 of 2024(2) dt.25-10-2024 2/2 surfaced in the confessional statement of one Ritesh Mandal. It has been submitted that nothing has been recovered from the possession of this petitioner. The petitioner is having criminal antecedent of one case.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Araria P.S. Case No.712 of 2018, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J.) durgesh/- U T