Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10045 of 2020 Arising Out of PS. Case No.-977 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== Vikash Kumar, Son of Sanjay Yadav @ Sanjay Prasad, Resident of Mohalla - Barisangat, Khari Toli, P.S.- Jehanabad, District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-06-2020 This case has been heard through Video Conferencing. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 380, 120B, 406 of the Indian Penal Code.

Allegation against the petitioner is of stealing the mobile and cash of the informant.

Learned counsel for the petitioner submits that the petitioner is quite innocent and has not committed any offence as alleged but he has falsely been implicated in this case with malicious intention due to enemity because of long standing dispute of the parties. Occurrence took place on 15.09.2018 but after more than two months complaint was lodged and there is no document annexed with the complaint which proves the claim of the complainant that he had lodged any written information before

Patna High Court CR. MISC. No.10045 of 2020(3) dt.25-06-2020 2/2 local police or made complaint to the higher police official. Further the complaint does not disclose as to when the police came for enquiry altogether there was no FIR and seized the mobile whole complain is vague. Learned counsel further submits that considering the delay in lodging of FIR and vague story of FIR as well as the fact that petitioner has no criminal antecedent. Learned APP for the State opposes the prayer for bail petition.

In the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the above named petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jehanabad in connection with Jehanabad P.S. Case No. 977 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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