Aditya Kumar Singh @ Aditya Kumar @ Bholu Babu @ Aditya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46941 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- CHHATAUNI District- East Champaran ====================================================== Aditya Kumar Singh @ Aditya Kumar @ Bholu Babu @ Aditya Singh S/o Harendra Kumar Singh R/o Village- Bhaluahiya/Ruphara/Rupahi, P.S.- Shikarganj, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Chhatauni P.S. Case No. 97 of 2024 registered for the offences punishable under Section 379 of the Indian Penal Code.

3. As per prosecution case, informant's motorcycle has not been found where it was parked and FIR has been lodged against unknown persons.

4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and during the course of the investigation his name has been surfaced upon the

Patna High Court CR. MISC. No.46941 of 2024(2) dt.24-07-2024 2/3 confessional statement of co-accused- Vishal Kumar. Except confessional statement of co-accused, there is nothing on record to demonstrate the complicity of petitioner with the alleged occurrence. He further submits that petitioner is innocent and has committed no offence as alleged in the FIR. Petitioner bears criminal antecedent of two cases in which he is on bail. Learned counsel further submits that basically no offence under Section 379 of IPC is made out against the petitioner in the present case.

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

6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran in connection with Chhatauni P.S. Case No. 97 of 2024 subject to the

Patna High Court CR. MISC. No.46941 of 2024(2) dt.24-07-2024 3/3 conditions as laid down under Section 438(2) of the Cr.P.C. (Alok Kumar Pandey, J) vashudha/- U