Md. Raja Ali @ Md. Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68339 of 2025 Arising Out of PS. Case No.-93 Year-2024 Thana- JAINTPUR District- Muzaffarpur ====================================================== Md. Raja Ali @ Md. Ali Son of Aslam Ansari Resident of Village - Maheshpur, P.S.- Hattha, District - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Ranjan, Advocate For the Opposite Party/s :
Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-10-2025 Heard the parties.
2. The petitioner is apprehending arrest in connection with Jaitpur P.S. Case No. 93 of 2024 instituted under Sections 303(2), 317(5), 3(5) of the Bhartiya Nayay Sanhita, 2023 lodged on 12.08.2024 by the informant, Mukesh Kumar.
3. As per the prosecution story, the Police on secret information, intercepted a car. As the occupant, Niraj Kumar failed to produce any document, the car was seized. He gave the name of this petitioner from whom it was purchased. This led to the FIR.
4. Learned counsel for the petitioner submits that though it has been informed that the vehicle in question is stolen one, Niraj Kumar was arrested. Only because he gave the name as also that the petitioner has criminal antecedent, got
Patna High Court CR. MISC. No.68339 of 2025(2) dt.13-10-2025 2/3 implicated. Last submission is that if granted relief, he shall be diligently appearing in trial.
5. Learned APP opposes the prayer submitting that the person arrested with the stolen vehicle, named him.
6. Considering the submissions of the parties as also that Niraj Kumar was in the car when it was intercepted/seized, FIR is there, this petitioner will be facing the trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Jaitpur P.S. Case No. 93 of 2024 to the satisfaction of learned Judicial Magistrate-1st Class, Muzaffarpur (West) subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.68339 of 2025(2) dt.13-10-2025 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T