IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3375 of 2025 Arising Out of PS. Case No.-300 Year-2024 Thana- DAGARUA District- Purnia ====================================================== Mister @ Marghoob @ Md. Margoof Son of Md. Manzoor @ Manzoor Resident of Farakia, P.S.- Dagarua, District- Purnea ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Md Fazle Karim, Adv. For the Opposite Party/s : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 15-02-2025 Heard the learned Advocate for the petitioner and the learned APP for the State. 2. The petitioner apprehends his arrest in connection with Dagarua P.S. Case No. 300 of 2024, registered for the offences punishable under Sections 303(2), 317(5) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 3. The police on an information regarding a gang involved in committing theft of petrol from the fuel tank of the vehicles, conducted vehicle checking, and in course of checking, one Scorpio bearing Registration No. BR-38D-8786 was intercepted. However, noticing the police party, three persons succeeded to flee away and the driver of the vehicle was apprehended. The apprehended person disclosed the name of the petitioner and others, who succeeded to flee away. On search 5 Patna High Court CR. MISC. No.3375 of 2025(2) dt.15-02-2025 2/3 plastic jar of 50 liters containing 10 liters diesel in each of the jar was recovered from the Scorpio vehicle. 4. Learned Advocate for the petitioner contended that the entire case is based on suspicion, inasmuch as, nothing incriminating material has been recovered from the conscious or constructive possession of the petitioner. So far the Scorpio vehicle, in question, is concerned that belongs to the brother of the petitioner and the petitioner has no concern with the same. There is no eyewitness to the alleged occurrence that the petitioner was found indulge in theft of diesel/petrol from the fuel tank of the vehicles. Drawing the attention of this Court to the FIR, it is also contended that allegedly co-accused was apprehended at Chakma village, but surprisingly, the seizure list was prepared at the campus of Dagarua police station, which also smacks mala fide and makes the seizure list doubtful. Save and except the disclosure made by the apprehended person, there is no material against the petitioner; Moreover, the petitioner bears fair antecedent. 5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that recovery of 5 jars containing 50 liters of diesel clearly speaks about the involvement of the petitioner, who succeeded in fleeing away Patna High Court CR. MISC. No.3375 of 2025(2) dt.15-02-2025 3/3 from the place of occurrence. 6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation and the fact that the name of the petitioner has transpired on the disclosure made by the apprehended person, coupled with the fair antecedent as also the fact that the vehicle, in question, does not belong to the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea in connection with Dagarua P.S. Case No. 300 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. shivank/- (Harish Kumar, J) U T