Nejamuddin Mian @ Nejamodin Hussain @ BilatversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1981 of 2026
                   Arising Out of PS. Case No.-274 Year-2025 Thana- MALAHI District- East Champaran
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                 Nejamuddin Mian @ Nejamodin Hussain @ Bilat S/o- Mohammad Main @
                 Mohhamad Hussain R/V- Mamrakha Mamarajga Bhaiya Tola PS- Malahi
                 Dstrict-East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kundan Rathore Alias Kundan Kumar
                 For the Opposite Party/s :       Mr. Madhuri Lata
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   06-05-2026                   Heard learned Counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. This application, for grant of anticipatory bail,

                   arises out of Malahi Police Station Case No. 274 of 2025,

                   registered for the offences punishable under Sections 317(5),

                   318(4), 336(2), 338, 336(3) and 347(1) of Bharatiya Nyaya

                   Sanhita, 2023.

                                3. The prosecution story in brief is that the informant

                   stated in a written application before the SHO that on patrolling

                   duty on 20.08.2025, at about 17:25 P.M., they received secret

                   information regarding the sale of a motorcycle. On the basis of

                   the said information, he informed the higher officials and

                   proceeded to enquire into the matter. When they reached the
Patna High Court CR. MISC. No.1981 of 2026(4) dt.06-05-2026
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          place of occurrence, they saw two persons standing with a

          motorcycle. On seeing the police, the accused persons tried to

          flee away; one person fled, and one person was apprehended by

          the police. During interrogation, the apprehended person

          disclosed that the person who had fled away was the petitioner,

          namely Nejamuddin Mian @ Nejamodin Hussain @ Bilat, who

          is his son.

                        4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated due to

          village politics and police high-handedness. The petitioner is the

          son of arrested co-accused who is already in custody. The

          petitioner had no knowledge of the occurrence, and nothing has

          been recovered from the conscious physical possession of the

          petitioner. There is no independent witness except police

          personnel. The petitioner has been implicated only on account

          of his two antecedents of excise case.

                        5. Learned Additional Public Prosecutor for the State

          vehemently opposed the prayer for anticipatory bail and submits

          that the petitioner, in connivance with the arrested co-accused,

          who is the father, used to purchase stolen motorcycles at low

          price, change their number plates, and thereafter sell the same at

          higher prices for wrongful gain.
           Patna High Court CR. MISC. No.1981 of 2026(4) dt.06-05-2026
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                                  6. Considering the nature and gravity of the

                     allegations made in the FIR, that the petitioner, in connivance

                     with the arrested co-accused, used to purchase stolen

                     motorcycles at low prices, change their number plates, and

                     thereafter sell the same at higher prices for wrongful gain, I am

                     not inclined to grant the petitioner privilege of anticipatory bail.

                                  7. Accordingly, the prayer for bail is rejected.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T