Patna High CourtCR. MISC./74348/2024bail granted

Javed Miyan @ Javed Ali @ Jawed Ali v. The State Of Bihar

2024-11-13Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74348 of 2024 Arising Out of PS. Case No.-219 Year-2024 Thana- RAJAOLI District- Nawada ====================================================== Javed Miyan @ Javed Ali @ Jawed Ali S/o Ahmad Miyan R/o VillageSimrahi, PS- Rajauli, Distt. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivek Kumar Sinha For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-11-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Rajauli P.S. Case No. 219 of 2024 dated 10.05.2024 registered under Sections 379, 414, 411 / 34 of the I.P.C.

3. As per the first information report on 09.05.2024 on the basis of secret information received by the Police that some motorcycles were being used for illegal trade of mica, liquor and other illegal activities, the Police party reached Jhalakdiha in the night and during course of raid, three motorcycles were seized in front of the house of the co-accused / Majahar Miyan. One motorcycle was recovered from the house of Kadir Miyan. Three motorcycles were recovered from the house of the co-accused / Ganesh Singh and one motorcycle was recovered in front of the house of Javed Miyan i.e. the petitioner.

4. Learned counsel for the petitioner submits that petitioner is

Patna High Court CR. MISC. No.74348 of 2024(2) dt.13-11-2024 2/2 having no criminal antecedent and he has been made accused on the basis of the fact that one motorcycle was recovered in front of the house of the petitioner. Referring to the F.I.R., learned counsel submits that in the F.I.R. itself it has been mentioned that at the time of raid and seizure of motorcycle the petitioner's house was locked from outside.

5. Regard being had to the submission made by the parties, taking into consideration the fact that petitioner is having no criminal antecedent and at the time of seizure of motorcycle in front of the house of the petitioner his house was locked, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of ACJM I, Nawada in connection with Rajauli P.S. Case No. 219 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

praful/- (Anil Kumar Sinha, J) U T