Chotu @ Izhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29291 of 2022 Arising Out of PS. Case No.-23 Year-2019 Thana- ANGARH District- Purnia ====================================================== Chotu @ Izhar Son Of Habibur Rahman Resident Of Village- Gamharia, Ps - Kochadhaman, Dist- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Helal Ahmad For the Opposite Party/s :

Mr. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Angarh P.S. Case no. 23 of 2019 instituted for the offence under Sections 457 and 380 of the Indian Penal Code. As per allegation in the FIR, the informant parked his motorcycle having registration no. BR-11A/8333 in his varanda, and at night he found that his motorcycle was stolen by unknown person.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. This case was registered against unknown persons. The name of the petitioner surfaced in this case on confessional statement of

Patna High Court CR. MISC. No.29291 of 2022(2) dt.18-10-2022 2/2 co-accused which is mentioned in impugned order. He has got no criminal antecedent. Neither the petitioner was arrested nor any stolen article has been recovered from his conscious possession.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Angarh P.S. Case no. 23 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnia subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U