Tinku @ Mohammad Tauhir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84741 of 2025 Arising Out of PS. Case No.-16 Year-2025 Thana- PHULWARISHARIF District- Patna ====================================================== Tinku @ Mohammad Tauhir S/o Karamat Ali R/o Mohalla - Rehan Nagar Isapur, P.S - Phulwarisharif, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Anwar, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Phulwarisharif P.S. Case No. 16 of 2025 dated 03.01.2025 registered for the offences under Sections 331(4) & 305(a) of the B.N.S., 2023.

3. As per prosecution case, the accusation against the petitioner is of being involved in the theft of gold, silver and cash from the Informant's house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the instant case. It is next submitted that the name of the petitioner has transpired in this case from the confessional statement of the co-accused, namely, Faizan @ Golu from whose house, the

Patna High Court CR. MISC. No.84741 of 2025(2) dt.24-12-2025 2/3 recovery of stolen articles are said to have been made, while the house of the petitioner was also put on search in his absence but, nothing incriminating is said to have been recovered from there. Even nothing has also been found from the conscious possession of the petitioner. The petitioner is quite innocent and is a person of clean antecedent. The petitioner is a man of means and he is ready to abide by the terms and conditions imposed in this case, in case the benefit of privilege of anticipatory bail is extended to him.

5. Learned APP for the State opposed the prayer for bail.

6. Having heard learned counsel for the parties and considering the aforesaid facts and circumstances of the case as also taking into account the fact that no stolen article has been recovered from the conscious possession of the petitioner or from his house, this Court is inclined to grant privilege of anticipatory bail to the petitioner.

7. 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

Patna High Court CR. MISC. No.84741 of 2025(2) dt.24-12-2025 3/3 learned Additional Chief Judicial Magistrate-IV, Patna in connection with Phulwarisharif P.S. Case No. 16 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, 2023.

(Ajit Kumar, J) rishi/- U T