Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7970 of 2022 Arising Out of PS. Case No.-192 Year-2021 Thana- NAANPUR District- Sitamarhi ====================================================== AMAR KUMAR S/O PALTU BHAGAT R/o village- Raypur Koriyahi Tola, P.S.- Nanpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 401 and 414 of the Indian Penal Code.

The allegation against the petitioner is that he is a member of the syndicate involved in theft and sell of motorcycles.

Patna High Court CR. MISC. No.7970 of 2022(2) dt.01-08-2022 2/3 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 and ill motive. Petitioner has been made accused in this case on the confessional statement of the apprehended co-accused. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that from perusal of the FIR itself, it is apparent that the motorcycles have been seized from the hut of one Raj Kishor Chaudhary and the same has given on rent to the Bank, in which, bank staffs used to park their vehicles. No theft article has been recovered from the possession of the petitioner. Petitioner has no concern with the co-accused or the recovered motorcycles or the place of recovery. Petitioner has no criminal antecedent, as also mentioned in para-3 of this application. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, 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

Patna High Court CR. MISC. No.7970 of 2022(2) dt.01-08-2022 3/3 of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Nanpur P.S. Case No.192 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T