Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32449 of 2024 Arising Out of PS. Case No.-549 Year-2023 Thana- RAFIGANJ District- Aurangabad ====================================================== Arun Kumar S/o Devnarayan Yadav R/o vill - Amarpura, P.S. - Rafiganj, Distt. - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Mukul Kumari, Adv.

For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 461, 379 of the IPC. 3.

As per the prosecution case, the petitioner started working in the informant's gas agency from six months and due to improper work, the informant scolded him to remove from work. It is alleged that on 17.12.2023, it was found that 100 gas cylinder, Rs.25,000/- and a laptop were stolen away from the office and it is alleged that the same has been stolen away by the petitioner.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such

Patna High Court CR. MISC. No.32449 of 2024(3) dt.25-09-2024 2/2 occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Since the petitioner was working in the office of the informant and was not being paid his salary, he demanded for the same, thereafter, this false case has been lodged against him. No incriminating article has been recovered from the conscious physical possession of the petitioner. Further, the petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, 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 Rafiganj P.S. Case No.549 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T