Patna High CourtCR. MISC./17688/2024bail granted

Sonu Ansari v. The State Of Bihar

2024-03-18Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 17688 of 2024 Arising Out of PS. Case No.-224 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Sonu Ansari Son of Amruddin Ansari Resident of Village- Sareyai Badruhan, P.S.- Dumariya Ghat, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Abhishek Kumar, Advocate For the Opposite Party/s :

Mr Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR JUSTICE KHATIM REZA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2 The petitioner apprehends arrest in connection with Baikunthpur PS Case No 224 of 2019 dated 20.08.2019 instituted under Sections 461, 379 of the Indian Penal Code. 3 The prosecution case is that there was theft in the shop of the informant.

4 The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner has not been named in the FIR and only on the basis of confessional statement of coaccused Chandan Sah, the petitioner has been made accused in this case. No incriminating articles were recovered from the

Patna High Court CR. MISC. No.17688 of 2024(2) dt.18-03-2024 2/3 possession or from the house of the petitioner. It is also submitted that the petitioner has no criminal antecedent. 5 Learned APP has opposed the prayer for bail.

Patna High Court CR. MISC. No.17688 of 2024(2) dt.18-03-2024 3/3 be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, and (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

7 The application stands allowed.

(Khatim Reza, J) M.E.H./- U T