Lalo Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32736 of 2020 Arising Out of PS. Case No.-151 Year-2019 Thana- ALOULI District- Khagaria ====================================================== LALO SHARMA Son of Ashok Sharma Resident of Village - Raun, P.S. - Alauli, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Section 414 of the Indian Penal Code. Allegedly, on the basis of secret information about assemblage of criminals, the informant along with police personnel reached the place of occurrence and apprehended an accused trying to flee away on motorcycle. It was detected that the motorcycle in question was a theft property. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court CR. MISC. No.32736 of 2020(2) dt.09-02-2021 2/2 of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The name of the petitioner has transpired on the disclosure made by the co-accused Mithilesh Kumar. There is no recovery of stolen property from possession of the petitioner. The petitioner has been made accused in the present case due to mistake of fact. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Khagaria in connection with Alauli P.S. Case No. 151 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T