Ashok Kumar @ Ashok Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22612 of 2021 Arising Out of PS. Case No.-146 Year-2020 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== ASHOK KUMAR @ ASHOK MAHTO SON OF GENARI SINGH @ GANDU SINGH R/O VILLAGE- SADPUR, P.S. BALLIA DIST.- BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Ram Naresh Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-06-2022 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 Sections 461, 379 and 411 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 09.05.2020, during his morning walk he found that the lock of his mobile and electronic shop is broken, accordingly on search of the shop he found that articles, as detailed in the F.I.R., were missing thus the present F.I.R. came to instituted against unknown thieves.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.22612 of 2021(3) dt.20-06-2022 2/3 petitioner is innocent and has been falsely implicated in the present case, it is next submitted that the name of this petitioner transpired in the confessional statement of co-accused Indu Mahto. Learned counsel submits that though during the course of investigation it is alleged that the stolen articles were recovered from the house of the petitioner but the learned counsel submits that petitioner unknowingly had purchased the stolen articles and had the petitioner been knowing that the articles were stolen then he would not have kept the same in his house.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and the fact that the petitioner is a person with clean antecedent and it is his first offence, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each 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 Sahebpur Kamal P.S. Case No. 146 of 2020

Patna High Court CR. MISC. No.22612 of 2021(3) dt.20-06-2022 3/3 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. with a condition that one of the bailors of the petitioner shall be his father Genari Singh @ Gandu Singh. (Satyavrat Verma, J) Rishi/- U T