Nitesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18573 of 2024 Arising Out of PS. Case No.-912 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Nitesh Kumar, Son of Dinanath Singh R/O-Bahurupiya Mauze, P.S.- Turkauliya, Distt.-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. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 27-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Turkauliya P.S. Case No. 912 of 2023, instituted under Section 379 of the Indian Penal Code. Later on Section 411 of the Indian Penal Code was added.
3. As per the prosecution case, Splendor Motorcycle of the informant was stolen by unknown thieves when he had gone to the house of his friend and parked the same in his house at night.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. No incriminating material has been recovered from possession of
Patna High Court CR. MISC. No.18573 of 2024(2) dt.27-03-2024 2/2 the petitioner. His name has been surfaced in this case in the confessional statement of co-accused Jakir Alam with whom petitioner has no concern. Petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Turkauliya P.S. Case No. 912 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) rakhi/- U T