Amarjeet Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 23618 of 2023 Arising Out of PS. Case No.-552 Year-2022 Thana- GAURICHAK District- Patna ====================================================== AMARJEET SHUKLA SON OF LATE SURESHWAR SHUKLA RESIDENT OF VILLAGE DAULATPUR (DIH), PO -GANDHI TOLA, PS - GAURICHAK, DISTRICT - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amish Kumar, Advocate Mr. Ranjan Prakash, Advocate Mr. Prabhakar Thakur, Advocate For the Opposite Party/s :

Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State alongwith learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 457, 380, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that the theft was committed in his house in his absence of articles as detailed in the FIR, further based on suspicion it is alleged that petitioner alongwith other named accused committed the occurrence.

Patna High Court CR. MISC. No. 23618 of 2023(2) dt.14-07-2023 2/3

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is further submitted that informant is not an eye-witness to the occurrence and from perusal of the allegation as alleged in the FIR it would manifest that the entire allegation hinges around suspicion, it is further submitted that there was a dispute relating to passage, which the informant had encroached and which was being opposed by the petitioner alongwith other villagers and for which a complaint was made before the authorities based on which the authorities had directed the informant to vacate the encroachment and because of the said grudge the present false case came to be instituted.

5. Learned A.P.P. for the State alongwith learned counsel for the informant opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case

Patna High Court CR. MISC. No. 23618 of 2023(2) dt.14-07-2023 3/3 is pending/successor court in connection with Gaurichak P.S. Case No. 552 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T