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Patna High CourtCR. MISC./14504/2023bail granted

Ankit Yadav @ Ankit Kumar Akela @ Ankit Kumar v. The State Of Bihar

2023-05-19Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14504 of 2023 Arising Out of PS. Case No.-206 Year-2021 Thana- BITHAN BAZAR District- Samastipur ====================================================== Ankit Yadav @ Ankit Kumar Akela @ Ankit Kumar S/o Fuleshwar Yadav @ Fulo Yadav R/o village- Shahpur Jhajhara, P.S.- Kuseshwar Asthan, DisttDarbhanga. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Navnit Kumar, Advocate For the Opposite Party :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Bithan P.S. Case No. 206 of 2021 registered for the offences punishable under Sections 379, 411/34 of the Indian Penal Code. He has got no criminal antecedent. Learned counsel for the petitioner submits that the allegation against the petitioner is of committing theft of the tractor of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that there is no recovery of the vehicle from the possession of the petitioner.

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

Patna High Court CR. MISC. No.14504 of 2023(2) dt.19-05-2023 2/2 Having regard to the facts and circumstances of the case, there being no recovery of the vehicle from the possession of the petitioner and the petitioner has no criminal antecedent, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Bithan P.S. Case no. 206 of 2021 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Rosera, Samastipur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

This application stands allowed.

(Rajeev Ranjan Prasad, J) ravikr/- U T