Munna Hawari @ Mansur Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83917 of 2023 Arising Out of PS. Case No.-447 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== MUNNA HAWARI @ MANSUR ALI SON OF ISHAK HAWARI SON OF KUDIS, R/O VILLAGE- MOTIPUR, P.S.- SIRISIYA DISTRICT WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner as well as the learned APP for the State.

2. The petitioner apprehend his arrest in connection with Chanpatia Sirisiya O.P. P.S. Case No. 447 of 2023, registered for the offences punishable under Sections 414 of the Indian Penal Code.

3. As per allegation, on secret information that at the door of co-accused, the stolen bike is being purchased and sold. The police personnel came there and saw gathering of many persons and after seeing the police vehicle, the accused persons tried to flee away but one of them was apprehended, who disclosed his name as Nitish Kumar.

4. The learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in this case. His name has figured in confessional statement of co-

Patna High Court CR. MISC. No.83917 of 2023(3) dt.07-03-2024 2/2 accused. Nothing incriminating was recovered from his possession. He is not involved in any other case of similar nature.

5. On the other hand, the learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of his arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran Bettiah in connection with Chanpatia Sirisiya O.P. P.S. Case No. 447 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(i) The learned court below, after accepting the bail bond, shall verify the criminal antecedent of the petitioners and if it is found that the petitioner is involved in any other case except the present one, his bail bond shall liable to be cancelled.

(Nawneet Kumar Pandey, J) Nirmal/- U T