Pramod Kumar @ Pramod Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30363 of 2024 Arising Out of PS. Case No.-139 Year-2022 Thana- BASOPATTI District- Madhubani ====================================================== Pramod Kumar @ Pramod Mahto Son of Sukhi Mahto @ Jamun Mahto Resident of Village - Radhakant Barhi, Police Station - Jaynagar, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Soban Asghar, Adv For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Basopatti P.S Case No. 139 of 2022 dated 02.07.2022 registered for the offence punishable u/s 379, 420 and 34 of the I.P.C.

3. As per the prosecution case, on the basis of written application given by the Jitendra Kumar Thakur that his motorcycle was stolen on 30.04.2022 which is registered in the name of his Brother-in-law. Further, a boy came to his door and said, one Md. Riyaz has told him to give Rs. 15,000/- and he will get back the vehicle at the evening but after taking the money the motorcycle is not returned.

Patna High Court CR. MISC. No.30363 of 2024(2) dt.20-05-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner has no knowledge regarding Rs. 15,000/- which is taken by the Md. Riyaz. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

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

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Madhubani, in connection with Basopatti P.S Case No. 139 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T