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Patna High CourtCR. MISC./18935/2023allowed

Subodh Kumar v. The State Of Bihar

2023-06-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18935 of 2023 Arising Out of PS. Case No.-520 Year-2022 Thana- ISLAMPUR District- Nalanda ====================================================== Subodh Kumar Son Of Suresh Chaudhary Resident Of Village Rampur, P S - Mahkar District Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 379, 411 of the Indian Penal Code.

As per the prosecution case, the informant alleged that the petitioner has stolen his tractor.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that only on the basis of his seized motorcycle, police made the petitioner accused in the present case. He further submits that no any incriminating article has been recovered from the

Patna High Court CR. MISC. No.18935 of 2023(3) dt.23-06-2023 2/2 possession or house of the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the fact that the petitioner has no criminal antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Islampur P.S. Case No. 520 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. However, the bail bond of the petitioner shall be accepted by the learned Court below after verifying the fact that the petitioner has no criminal antecedent. (Anjani Kumar Sharan, J) anand/- U T