Neeraj Kumar @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18873 of 2023 Arising Out of PS. Case No.-156 Year-2022 Thana- GURARU District- Gaya ====================================================== Neeraj Kumar @ Niraj Kumar S/O- Devnandan Yadav Village- Gend Bigha Ps- Guraru Dist- Gaya ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manisha Prakash, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-06-2023 Heard Mr. Manisha Prakash, learned Counsel appearing on behalf of the petitioner and Mr. Tapeshwar Sharma, learned A.P.P. appearing on behalf of the State.

2. The petitioner seeks pre-arrest bail in connection with Guraru P.S. Case No. 156 of 2022 for the offences punishable under Sections 379 of the Indian Penal Code.

3. The prosecution story, in brief, is that a diesel pumping set kept in front of the house of the informant was stolen and the informant identified the person, namely, Rajan Kumar along with 2-3 persons were taking away the pumping set on a cart(Thela) from the house of the informant.

Patna High Court CR. MISC. No.18873 of 2023(2) dt.14-06-2023 2/3

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is an innocent person has falsely been implicated in this case on the basis of confessional statement. He further submits that the petitioner has got no criminal antecedent and he has just passed his intermediate examination and is pursuing his further studies. He further submits that no stolen article has been recovered from the possession or house of the petitioner.

5. Considering the rival submissions made by the parties as well as the fact that petitioner is a student and no stolen article has been recovered from his house or his possession, I am of the opinion that petitioner has, prima facie, made out a case to be released on anticipatory bail.

6. The petitioner, above named, is directed to be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate 1st Class, Gaya in connection with Guraru Police Station Case No. 156 of 2022, subject to the condition as

Patna High Court CR. MISC. No.18873 of 2023(2) dt.14-06-2023 3/3 laid down under Section 438(2) of the Cr.P.C.

7. The present bail application, accordingly, stands disposed of.

(Purnendu Singh, J) nilmani/praveenU T