Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16462 of 2021 Arising Out of PS. Case No.-43 Year-2017 Thana- HARNAUT District- Nalanda ====================================================== Bittu Kumar S/o Ashok Ram R/o village- Srichandpur, P.S.- Harnaut, DistrictNalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar No.1 For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-01-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 461, 379 of the Indian Penal Code.

The prosecution case as per F.I.R is that the shop of the informant has been robed and many articles

Patna High Court CR. MISC. No.16462 of 2021(4) dt.28-01-2022 2/3 including cash have been stolen away by unknown miscreants.

It is submitted by learned counsel for the petitioner that F.I.R has been lodged against unknown. The name of the petitioner sprang up during investigation. The allegation against the petitioner that stolen articles were recovered from the rented house of the petitioner is false and concocted as the petitioner is resident of Srichandpur situated near Harnaut Railway Station, hence, there is no question of taking any room on rent in Harnaut. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the fact that stolen articles were recovered from the rented house of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

However, if the petitioner surrenders within a period of four weeks from today and pray for regular

Patna High Court CR. MISC. No.16462 of 2021(4) dt.28-01-2022 3/3 bail, the same may be considered by the learned Court below without being prejudiced by the order of this Court.

With the aforesaid observation/direction, the petition stands disposed off.

(Sunil Kumar Panwar, J) Shageer/- U T