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Patna High CourtCR. MISC./27040/2024allowed

Bir Pratap @ Bir Pratap Prajapati v. The State Of Bihar

2024-05-01Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27040 of 2024 Arising Out of PS. Case No.-156 Year-2023 Thana- SIDHWALIYA District- Gopalganj ====================================================== Bir Pratap @ Bir Pratap Prajapati, S/O Bipin Kumar Pandit, R/O VillageDangsi, P.S- Sidhwaliya, Distt.- Gopalganj, 841407. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akshay Lal Pandit, Advocate Mr. Rajesh Kumar, Advocate Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sidhwaliya P.S. Case No. 156 of 2023, instituted under Sections 379, 511, 34 of the Indian Penal Code.

3. As per the prosecution case, the tractor trolley was being taken away by the petitioner along with two other coaccused persons. One of the co-accused, namely, Sanjeet Kumar Singh was caught by the villagers who named the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to previous enmity. He also submits that petitioner and

Patna High Court CR. MISC. No.27040 of 2024(2) dt.01-05-2024 2/2 informant have already entered into compromise and co-accused persons have been granted bail by the Court below. There is no material against the petitioner. He 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 Sidhwaliya P.S. Case No. 156 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