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Patna High CourtCR. MISC./22544/2023allowed

Gautam Pandit v. The State Of Bihar

2023-07-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22544 of 2023 Arising Out of PS. Case No.-206 Year-2022 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== GAUTAM PANDIT Son of Bhupendra Pandit Resident of village-Singrahiya, P.S. Ghorasahan, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Braj Kishore Pd., APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2023 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.

Allegedly, the motorcycle of the informant has been stolen.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is not named in the

Patna High Court CR. MISC. No.22544 of 2023(3) dt.04-07-2023 2/2 FIR. No any incriminating article has been recovered from the possession of the petitioner. The name of the petitioner has been transpired in the present case on the basis of confessional statement of co-accused, namely, Lakhindra Pandit. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as no any incriminating article has been recovered from the house of the petitioner, 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 Kundwa Chainpur P.S. Case No. 206 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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