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Patna High CourtCR. MISC./53022/2021bail granted

Mika Kindo @ Mikka Kindo @ Meka Kindo v. The State Of Bihar

2022-07-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53022 of 2021 Arising Out of PS. Case No.-287 Year-2020 Thana- NARPATGANJ District- Araria ====================================================== Mika Kindo @ Mikka Kindo @ Meka Kindo Son Of Late Bhutai Kindo Panchayat Secretary, Bade Para And Palasi Panchayat, R/O Narpatganj Block, P.S.- Narpatganj, Dist.- Araria ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

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

It is a case of theft and during investigation, the stolen article was recovered from the house which belongs to this petitioner but according to the prosecution case, seizure list shows that at the time of recovery of seized stolen article, the other co-accused, namely, Shankar Kumar Urawn was living there and at the time of seizure, he was apprehended on spot with stolen article.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.53022 of 2021(3) dt.05-07-2022 2/2 that the petitioner have falsely been implicated in this case. He further submits that petitioner has not been apprehended on spot and stolen article was not recovered from the conscious and constructive possession of the petitioner because the petitioner's Sala used to live at the place of occurrence which allotted in the name of the petitioner. Petitioner has got clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner in the event of his arrest or surrender before the court below within a period of four 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 learned CJM Araria in connection with Narpatganj P.S. Case No. 287 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T