Md. Amitaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63855 of 2025 Arising Out of PS. Case No.-363 Year-2023 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Md. Amitaj S/o Md. Jubair R/o Village- Shahpur (Ojhaul), Ps- Bahadurpur, Dist- Darbhanga.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Baidyanath Prasad, Advocate For the State :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Laheriasarai (Benta O.P.) P.S. Case No.363 of 2023, dated-16.07.2023, registered for the offences punishable under Sections 379 of the Indian Penal Code.

3. As per allegation, one motorcycle containing seven mobiles has been stolen away by unknown persons. During investigation, one mobile has been recovered from the father of the Petitioner.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the father of the Petitioner had purchased that mobile from a co-villager on payment of

Patna High Court CR. MISC. No.63855 of 2025(2) dt.18-09-2025 2/3 consideration amount. He also submits that the Petitioner is twenty years old and has just passed out class 12th and also preparing for Medical examination. He also submits that if the he is not enlarged on anticipatory bail, his career will spoil.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Laheriasarai (Benta O.P.) P.S. Case No.363 of 2023, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

Patna High Court CR. MISC. No.63855 of 2025(2) dt.18-09-2025 3/3 (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T