Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29546 of 2024 Arising Out of PS. Case No.-758 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== ANIL KUMAR SON OF JAGANNATH PASWAN RESIDENT OF VILLAGE - CHAKSIKANDAR, P.S. - BIDUPUR, DISTRICT - VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivjee Singh, Advocate For the Opposite Party/s :

Ms.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bidupur P.S. case No. 758 of 2023 instituted for the offences under Sections 380, 411 of the Indian Penal Code and further Section 414 of the Indian Penal Code was added.

3. Prosecution case, in short, is that some unknown miscreants are alleged to have committed theft in the house of the informant and taken away cash amounting to Rs. 3,80,000/-, and golden jwellery worth rupees nine lakhs and other household articles.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.29546 of 2024(2) dt.20-04-2024 2/3 Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Srikant Kumar. He further submitted that the stolen articles were recovered from the poultry farm of coaccused Srikan Kumar and as far as this petitioner is concerned, no incriminating/looted article has been recovered from his conscious possession. Learned counsel further submitted that T.I.P. has not been conducted till date. Learned counsel further submitted that petitioner has got no concern with the stolen articles. He further submitted that charge-sheet has been submitted in this case and charge has also been framed against this petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.01.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, charge already being framed, clean antecedent of the petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.29546 of 2024(2) dt.20-04-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Bidupur P.S. case No. 758 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T