The Patna High Court, hearing a bail application regarding allegations of purchasing and selling stolen vehicle parts under Section 414 IPC, granted anticipatory bail to the petitioner subject to specific conditions and furnishing a bail bond.
Anticipatory bail granted on surrender within six weeks, bail bond of Rs. 25,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3109 of 2022
Arising Out of PS. Case No.-188 Year-2021 Thana- PAHARPUR District- East Champaran
====================================================== Aftab Alam Son of Varis Ali Resident of Village Nakti Paterwa, P.S. Jagdishpur, District- West Champaran At Bettiah.
... ... Petitioner/s
Versus
THE STATE OF BIHAR. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Awnish Kumar For the Opposite Party/s : Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 17-08-2022
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends his arrest in connection with Paharpur P.S. Case No.188 of 2021, registered for the offences punishable under Sections 414/34 of the Indian Penal Code.
The petitioner is said to have involved in purchasing and selling of parts of stolen vehicle.
Learned counsel for the petitioner submits that the petitioner is innocent and they has falsely been implicated in the present case. It is further submitted that the petitioner is the owner of the said garage and he is a licence holder of the said garage. It is also submitted that no incriminating article has been recovered either from the conscious possession or from the
Patna High Court CR. MISC. No.3109 of 2022(3) dt.17-08-2022 2/2
garage of the petitioner. It is further submitted that it is wrongly mentioned in the impugned order that petitioner is the owner of the garage where parts of stolen vehicle is recovered. It is lastly submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application.
Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.
Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 11th Additional Chief Judicial Magistrate, East Champaran at Motihari in connection with Paharpur P.S. Case No.188 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J.)
Sanjay/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in a bailable case under Section 414 IPC.
1 provisions across 1 enactments
Aftab Alam
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
