Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4687 of 2024 Arising Out of PS. Case No.-247 Year-2023 Thana- JAMOBAZAR District- Siwan ====================================================== Niraj Kumar Son of Satyadev Prasad R/o vill - Hetimpur, P.S. - Jamo Bazar, Distt. - Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 457/380 of the IPC. 3.

Allegedly, the F.I.R. named accused persons including the petitioners are said to have stolen away valuable articles and ornaments from the house of the informant.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. During investigation, one co-accused was apprehended, who disclosed the name of the petitioner. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.4687 of 2024(3) dt.18-04-2024 2/2 physical possession of the petitioner. Petitioner did not reside in the village rather he resides in Punjab to earn livelihood. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since petitioner has no previous criminal antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Jamo Bazar P.S. Case No.247/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 7.

However, learned Court below is directed to verify the criminal antecedent of the petitioner before accepting the bail bonds and if it is found that he has criminal antecedent, his bail bonds shall not be accepted.

(Anjani Kumar Sharan, J) pallavi/- U T