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Patna High CourtCR. MISC./38933/2023allowed

Raju Alam v. The State Of Bihar

2023-09-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38933 of 2023 Arising Out of PS. Case No.-109 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== RAJU ALAM Son of Anil Miyan @ Lal Mohammad Miyan Resident of village - Tuniya, P.S. - Manuapul (O.P.), Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Mishra For the Opposite Party/s :

Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2023 Heard the parties.

2. The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 379, 411, 414, 34 of the Indian Penal Code.

3. Allegedly, the petitioner is said to have been involved in the theft of motorcycle.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that no incriminating article has been recovered from the possession of the petitioner. He further submits that similarly situated co-accused has been granted bail

Patna High Court CR. MISC. No.38933 of 2023(3) dt.11-09-2023 2/2 by this Court vide order dated 24.07.2023 passed in Cr. Misc. No.33130 of 2023. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory 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/her 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 Bettiah Mufassil (Manuapul) P.S. Case No.109 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T