Md. Raish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73268 of 2023 Arising Out of PS. Case No.-481 Year-2022 Thana- MITHANPURA District- Muzaffarpur ====================================================== 1.

Md. Raish Son Of Safiuzama @ Md. Shaffiuzz Aman Resident Of Chainpur Bangra, P.O. - Chainpur Bangra, Police Station - Maniyari, District - Muzaffarpur 2.

Safiuzama @ Md. Shaffiuzz Aman Son Of Late Abdul Latif Resident Of Chainpur Bangra, P.O. - Chainpur Bangra, Police Station - Maniyari, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Asif Kalim For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-11-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Mithanpura P.S. Case No. 481 of 2022 dated 24.12.2022 registered for the offences punishable under Sections 406 and 379 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the mother and brother-in-law of the informant have unauthorizedly sold the car

Patna High Court CR. MISC. No.73268 of 2023(2) dt.28-11-2023 2/3 bearing No. bearing No. DL4CAM-6956 of the informant to the petitioners. The petitioners promised to compassionate by paying the value of the car to the informant. However, subsequently the petitioners refused either to pay or to give his vehicle.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. Learned counsel has further submitted that the car was sold by the informant's mother and brother-in-law. The petitioners are the purchaser of the said vehicle. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur, East in connection with Mithanpura P.S. Case No. 481 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.73268 of 2023(2) dt.28-11-2023 3/3

8. This application stands allowed.

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