Mister @ Md. Mistar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76776 of 2025 Arising Out of PS. Case No.-215 Year-2025 Thana- BANMANKHI District- Purnia ====================================================== Mister @ Md. Mistar S/O Ajabul Sah @ Md. Ajabul R/O Vill.- Belachand Ward No. 8, P.S.- Banmankhi, District- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 317(2) of the B.N.S.

3. Allegation in the first information report is that the stolen motorcycle was recovered from the possession of one Md. Ziyauddin and he disclosed the name of this petitioner disclosing his complicity.

4. Learned counsel for the petitioner submits that it would be apparent from the first information report itself that the recovery of the said motorcycle has been made from Md. Ziyauddin and the name of the petitioner has transpired on the basis of disclosure made by the said accused before the police which has no evidentiary value. The petitioner has no

Patna High Court CR. MISC. No.76776 of 2025(2) dt.27-11-2025 2/2 connection with the said motorcycle and the same belongs to one Swami Sattar Khan as would be evident from the bail rejection order.

5. Learned APP for the State has opposed the application for bail of the petitioner on the grounds mentioned in the first information report.

6. Taking into consideration the facts and circumstances and also considering the fact that there is no recovery from the petitioner coupled with the fact that he has no criminal antecedent, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, 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 the learned court below where the case is pending/successor court in connection with Banmankhi P.S. Case No. 215 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.

(Soni Shrivastava, J) devendra/- U T