Md. Arif @ Md. Arif Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3697 of 2026 Arising Out of PS. Case No.-165 Year-2025 Thana- JOGSAR District- Bhagalpur ====================================================== Md. Arif @ Md. Arif Hussain Son of Abdul Rahman Resident Of VillageSahwaz Nagar Ps- Mojahidpur. District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Md. Najmul Hodda, Advocate For the State :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-03-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 305 of the B.N.S..

3. As per prosecution case, on 01.07.2025, some unknown persons stole several articles from the temple.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is not named in the F.I.R.. Name of petitioner transpired during investigation only on the basis of confessional statement of co-accused Chandra Kant Kumar. Save and except confessional statement, there is no material on record to show the complicity of this petitioner in the alleged offence. No stolen articles were recovered from

Patna High Court CR. MISC. No.3697 of 2026(4) dt.30-03-2026 2/2 possession of this petitioner. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, fact that no stolen article were recovered from possession of this petitioner and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged 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, Bhagalpur in connection with Jogsar P.S. Case No. 165 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T