IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58379 of 2026 Arising Out of PS. Case No.-596 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Ainul Alam @ Ainur @ Aainur Alam S/o Sohan Dewan @ Makbul Alam Resident of Village- Siswa, P.S.- Paharpur, Dist.- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhannjay Kumar No 2, Adv. For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 19-08-2026 Heard Sri Dhannjay Kumar No 2, learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Turkauliya P.S. Case No. 596 of 2022 for the offence punishable under sections 356, 379, 411/34 of the Indian Penal Code lodged on 21.06.2022 by the informant. 3. As per the First Information Report, the allegation against the petitioner is that on 21.06.2022, he along with other accused person, namely, Pradeep Kumar came on a motorbike having registration no. BRO5AB 2811 and snatched away the mobile of the informant which is said to have been recovered from the possession of said accused, Pradeep Kumar. Accordingly, the FIR. 4. Learned counsel for the petitioner, apart from Patna High Court CR. MISC. No.58379 of 2026(2) dt.19-08-2026 2/3 pleading innocence and false implication, submits that neither the recovery of the snatched mobile has been made from the possession of the petitioner nor the said motorcycle belongs to him rather recovery of mobile was done from the pocket of co- accused, Pradeep Kumar and the motorcycle, by which the occurrence was committed, belongs to him and on his disclosure only, this petitioner has been implicated in this case. 5. Learned APP opposes the prayer for anticipatory bail by submitting that the main accused who was apprehended on the spot took the name of the petitioner as one of the accomplices. 6. Considering the nature of allegation and nothing incriminating has been recovered from the constructive possession of the petitioner rather it was recovered from the co- accused as stated above, on whose disclosure, the petitioner has been implicated in this case, and the petitioner has got clean antecedent, this Court is inclined to extend him the privilege of anticipatory bail. 7. Let the petitioner, above named, be released on bail in the event of arrest or surrender within a period of six weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount Patna High Court CR. MISC. No.58379 of 2026(2) dt.19-08-2026 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with aforesaid PS Case, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his/their bail bonds. perwez (Ajit Kumar, J) U T