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Patna High CourtCR. MISC./3848/2023bail granted

Ashok Kumar @ Sudhir Raj v. The State Of Bihar

2023-04-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3848 of 2023 Arising Out of PS. Case No.-863 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== Ashok Kumar @ Sudhir Raj S/O Lakhan Yadav R/O Village- Mamura, PsMohanpur, Distt- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Adv For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Barachatti P.S. Case No. 863 of 2022 registered for the offences punishable under Sections 414, 467, 468/34 of the Indian Penal Code .

The prosecution case is based on a written report filed by the informant alleging that the stolen motorcycle was recovered from possession of co-accused Surendra Kumar, who disclosed that the same was purchased from the petitioner. It is submitted by the learned counsel for the petitioner that his is innocent and has falsely been implicated in this case. It is submitted that stolen motorcycle has been recovered from the house of co-accused Surendra Kumar and on

Patna High Court CR. MISC. No.3848 of 2023(2) dt.03-04-2023 2/2 his disclosure name of petitioner has surfaced in this case. There is no other material on record which shows the complicity of the petitioner in the aforesaid offence.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, -II, Sherghati, Gaya in Barachatti P.S. Case No. 863 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) N.K/- U T