Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12650 of 2023 Arising Out of PS. Case No.-19 Year-2022 Thana- ANTI District- Gaya ====================================================== MANISH KUMAR Son of Rajaram Yadav R/v- Daurma, P.S.- Anti, DistrictGaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code.

Allegedly, petitioner is said to have stolen the motor cycle of the informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. The alleged motorcycle has not been recovered from the house of the petitioner. He has been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is not named in the FIR. Petitioner has no role in the

Patna High Court CR. MISC. No.12650 of 2023(2) dt.28-04-2023 2/2 alleged occurrence. He has been made accused in this case due to previous enmity. The name of the petitioner has been transpired on the basis of confessional statement of co-accused namely Suraj Kumar. It is further submitted that the alleged motorcycle was recovered from the house of Jitu Yadav. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as the alleged motorcycle has not been recovered either from his physical possession or from his house, 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 Anti P.S. Case No. 19 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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