Angoor Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40767 of 2023 Arising Out of PS. Case No.-526 Year-2016 Thana- BETTIAH CITY District- West Champaran ====================================================== Angoor Patel Son Of Late Lakhan Patel Resident Of Village- Baswariya, PsBettiah Town, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bettiah Town (Kalibagh O.P.) P.S. Case No. 526 of 2016 registered for the offences punishable under Sections 379 and 511 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of four cases and the informant alleges that Chandan was apprehended while he was trying to commit theft of a motorcycle and was handed over to the police.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that from perusal of the allegations as alleged in the FIR it would manifest that it is not the case of the informant that any accused fled from the place of occurrence which amply

Patna High Court CR. MISC. No.40767 of 2023(2) dt.03-08-2023 2/2 demonstrates that the petitioner was not even present at the place of occurrence, but he came to be implicated based on the confessional statement of Chandan. It is further submitted that it appears that the petitioner because of his antecedents came to be implicated in the confessional statement of Chandan at the instance of police because of his antecedents.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or 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/- (Rupees Ten 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 Town (Kalibagh O.P.) P.S. Case No. 526 of 2016 subject to the conditions as laid down under Section 438

(2) of the Cr.P.C. with a further condition that one of the bailors of the petitioner shall be his aunt, Suman Devi. (Satyavrat Verma, J) Rishi/- U T