Mintu Mahto @ Mintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2148 of 2023 Arising Out of PS. Case No.-130 Year-2022 Thana- SINGHWARA District- Darbhanga ====================================================== MINTU MAHTO @ MINTU KUMAR SON OF BHIKARI MAHTO R/O VILLAGE- PUNAURA, WARD NO.7, P.S.- PUNAURA, DISTRICTSITAMARHI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Madhubala Verma For the Opposite Party/s :
Mrs. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2023 Heard the parties.
The petitioner apprehends his arrest in connection with Sindhwara P.S. Case no.130 of 2022, registered for the offence punishable under sections 461, 379 of the Indian Penal Code. The allegation against the petitioner is that he alongwith other co-accused persons committed theft in the grocery shop of the informant.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The petitioner is not named in the FIR, he has been made accused in the present case on the confessional statement of one co-accused person namely
Patna High Court CR. MISC. No.2148 of 2023(2) dt.09-02-2023 2/2 Ujjawal Sahi. She further submits that the petitioner alongwith his family members runs a small grocery shop since a long time and the said recovered grocery items belongs to the petitioner. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail by submitting that the petitioner is also involved in the present case.
Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. Accordingly, this application is dismissed.
However, if the petitioner surrenders before the learned court below within a period of six weeks from today, and seek for regular bail, the learned court below shall pass the order preferably on the same day, in accordance with law. (Anjani Kumar Sharan, J) shikha/- U T