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Patna High CourtCR. MISC./38312/2023allowed

Santosh Kumar @ Golu v. The State Of Bihar

2023-08-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38312 of 2023 Arising Out of PS. Case No.-690 Year-2022 Thana- SAKRA District- Muzaffarpur ====================================================== Santosh Kumar @ Golu Son Of Suraj Kumar Resident Of Village - Harishabhachou, P.S. - Mithanpura, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Adarsh Ranjan, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 461 and 379 of the Indian Penal Code.

3. As per the prosecution case, on 22.12.2022 between 10:35 P.M. and 10:37 P.M., some one stole the electronic appliances worth Rs. 13 lakhs from informant's godown, after disconnecting the CCTV wire.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is not named in the FIR, the petitioner has been

Patna High Court CR. MISC. No.38312 of 2023(2) dt.01-08-2023 2/2 made accused in the present case on the basis of confessional statement of the apprehended person. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering 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 Sakra P.S. Case No. 690 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T