Jitendra Kumar Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14788 of 2020 Arising Out of PS. Case No.-82 Year-2019 Thana- GHOSI District- Jehanabad ====================================================== JITENDRA KUMAR MISTRY, S/o Chhote Mistry, R/o village- Kure, P.S.- Ghosi, District- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-09-2020 Heard learned counsel for the petitioner and learned APP for the State through the virtual court proceeding. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 379 of the Indian Penal Code.

Prosecution case in brief is that on 06.03.2019, the informant's motorcycle Passion Pro bearing Registration No. BR25B 7224, Chassis No. MBLHA 10 BSFHG 01467 and Engine No. HA 10 EVFHGO 1523 has been stolen in between 11.00 hours to 12.00 hours from Prakhand Colany, Ghoshi, it is further claimed that they began to search the said vehicle at all places but the said vehicle was traceless. It is claimed that the petitioner Jiitendra Kumar Mistry, Son of Chhote Mistry besides co-accused persons along with other have stolen the said vehicle. It is further alleged that co-accused Jitendra Kumar @ Sonu was apprehended in a similar case with a Bullet vehicle.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.14788 of 2020(3) dt.09-09-2020 2/2 petitioner bears no criminal history except one case of Ghoshi P.S. Case No. 333-2015 for offence under Section 379 of the Indian Penal Code in which he was on bail. It has further been submitted that the petitioner is quite innocent, he has not committed any offence and he has been falsely implicated in this case on mere suspicion. There is nothing article has been recovered from the house of the petitioner. There is no eye witness has been supported the prosecution case.

Learned APP for the State opposes the prayer for bail petition.

In the aforesaid facts and circumstances of the case, let the petitioner, above named, 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 Sub Judge-1, Jehanabad in connection with Ghosi P. S. Case No. 82 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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