IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29640 of 2022

Arising Out of PS. Case No.-667 Year-2021 Thana- KHAJANCHI HAT District- Purnia

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1.

Md. Haidar, S/o Md. Aslam Resident of village - Maheshpur, P.S.- Piar

(Hatya O.P.), District- Muzaffarpur.

2.

Md. Kadrey Alam S/o Fakir Mohammad R/o Village- Ratwara, P.S.- Piar

Hatya, Dist- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Gopesh Raj, Advocate.

Ms. Kanchan Kumari, Advocate.

For the Opposite Party/s :

Mr. Ram Anurag Singh, APP.

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL ORDER

3

31-08-2022

Heard Mr. Gopesh Raj, learned counsel along with

Ms. Kanchan Kumari, learned counsel appearing on behalf of

the petitioners and Mr. Ram Anurag Singh, learned A.P.P. for the

State.

Let the defect(s), if any, be removed within two

weeks of the complete start of the physical Court in normal

course.

The petitioners seek regular bail in connection with K.

Hat (Maranga) P.S. Case No. 667 of 2021 for the offence

punishable under Sections 413, 414, 420, 467, 468 and 471/34

of the Indian Penal Code.

The prosecution story, in brief, is that the petitioners

Patna High Court CR. MISC. No.29640 of 2022(3) dt.31-08-2022

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along with his elder brother Md. Ali @ Raza operates an

organized gang and commit theft of four wheelers in different

States. They conceal the identity of the stolen vehicle and

generate fake I-smart registration number of the vehicle by

changing the chassis number as well as the engine number of

the vehicle. On the alleged date of occurrence, the petitioners

were found with Scorpio Vehicle bearing Registration No. BR-

06PC-6427 having chassis number MA1TA2SJXF2E35898 and

Engine Number SJF4E13033.

Learned counsel appearing on behalf of the petitioners

submits that the main accused is the elder brother of petitioner

no.1 namely Md. Ali @ Raza, who is involved in an organized

sale and purchase of stolen vehicles from inside the State as

well as throughout the country. The offence as alleged has been

committed by his elder brother and the petitioners were found

driving the vehicle bearing Registration No. BR06PC6427 at the

instance of his elder brother to deliver the said vehicle to some

other prospecting purchaser, but before the same could have

been delivered, the petitioners were apprehended and were

implicated in the present case. The petitioners were also made

accused in four other cases for being engaged in sale and

purchase of stolen vehicle. Learned counsel has made specific

Patna High Court CR. MISC. No.29640 of 2022(3) dt.31-08-2022

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submission on behalf of the petitioners that the petitioners are

aged about only 22 and 24 years and they have a bright career

and due to the alleged criminal act done by his elder brother,

they may not further remain in custody. Learned counsel further

submits that the petitioners are ready to undertake and execute a

bond before the court below that they will not involve in future

in any criminal act and specially will not engage in sale and

purchase of any of the vehicle. They also undertake to disclose

the names of the members of the gang.

Learned A.P.P. for the State has opposed the prayer for

grant of bail to the petitioners.

Considering the specific undertaking made on behalf

of the petitioners, petitioners are directed to execute a bond as

stated before this Court in above paragraph. If such undertaking

and bond of Rs.10 lacs each is furnished on behalf of the

petitioners above named before the court below along with bond

of Rs.25,000/- (Rupees twenty five thousand) each with two

sureties of the like amount to the satisfaction of the learned

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