Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12213 of 2024 Arising Out of PS. Case No.-98 Year-2023 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Anil Kumar Son of Kameshwar Mahto Resident of Village- Gadiyani Ward No. 05, P.S.-Town, Distt.-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Sah For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Town P.S. Case No. 98 of 2023 dated 23.03.2023 registered for the offence punishable u/s 457, 380 and 411 of the Indian Penal Code.

3. As per the prosecution case, a raid/survey was conducted by the I.T. Officials at the shop of the informant on 21.03.2023 at 9 P.M. In the meantime some jewelleries along with other mortgaged jewelleries were kept in their old house. The said ornaments and documents of land were stolen from there by unknown thieves after breaking the lock of the door.

Patna High Court CR. MISC. No.12213 of 2024(3) dt.10-04-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It has been submitted that the petitioner is not named in the F.I.R. but he has been roped in this case on the basis of confessional statement of the apprehended co-accused Kundan Kumar. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. Similarly situated co-accused Raja Sah @ Raja Kumar has already been granted anticipatory bail by this Court vide order dated 13.03.2024 passed in Cr. Misc. No. 9889 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, as well as the nature of the allegation, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Madhubani in connection with Town P.S. Case No. 98 of 2023, subject to conditions as laid down under section 438(2) of the Code of

Patna High Court CR. MISC. No.12213 of 2024(3) dt.10-04-2024 3/3 Criminal Procedure.

7. The application stand allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T