Patna High CourtCR. MISC./37858/2024bail granted

Mitthu Ray v. The State Of Bihar

2024-05-17Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37858 of 2024 Arising Out of PS. Case No.-101 Year-2019 Thana- SIMRI District- Darbhanga ====================================================== Mitthu Ray S/o Ram Lagan Ray Resident of Village Nima Chak Haidar, P.S. Chakmehsi, Disrrict Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Thakur For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Simri P.S. Case No. 101 of 2019 instituted for the offences under Section 379 of the Indian Penal Code.

3. Prosecution case in short is that when the informant was on his way, he parked his vehicle to ease off and in the meantime, miscreants have stolen away his vehicle.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light on the basis of confessional statement of co-accused Prabhat Kumar

Patna High Court CR. MISC. No.37858 of 2024(2) dt.17-05-2024 2/2 Chaudhary, which has got no evidentiary value in the eyes of law. No incriminating article has been recovered from the conscious possession of the petitioner. It is next submitted that the petitioner has got three criminal antecedents.

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, let the petitioner, above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Simri P.S. Case No. 101 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Arish/- U T