Motiur Rahman Khan @ Matiur Rahman Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.796 of 2025 Arising Out of PS. Case No.-252 Year-2024 Thana- BARGAINIA District- Sitamarhi ====================================================== Motiur Rahman Khan @ Matiur Rahman Khan S/O Mustafa Khan @ Mustufa Khan Resident of Village- Siswa, Ward No 7, P.S.- Gaur, DistRohtahat Nepal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bairganiya P.S. Case No. 252 of 2024 instituted for the offences under Sections 317(4), 317(5) of the B.N.S.

3. As per prosecution case, the police has recovered stolen motorcycle from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is a resident of Nepal. Learned counsel for the petitioner has filed supplementary affidavit sworn in by his cousin sister, who is a resident of Sitamarhi. Learned counsel

Patna High Court CR. MISC. No.796 of 2025(2) dt.27-01-2025 2/3 for the petitioner submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of the alleged motorcycle and the same has already been released in favour of the owner. There is also no complaint whatsoever as with regard to the alleged stolen motorcycle. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent and is languishing in judicial custody since 27.09.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bairganiya P.S. Case No. 252 of 2024, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.

Patna High Court CR. MISC. No.796 of 2025(2) dt.27-01-2025 3/3 (ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T