Patna High CourtCR. MISC./48516/2024bail granted

Bablu Sharma v. The State Of Bihar

2024-09-21Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48516 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- HASANPUR District- Samastipur ====================================================== Bablu Sharma Son of Mahendra Sharma VILLAGE- DATH, P.S.- HASANPUR, DISTT.- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra, Adv.

For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-09-2024 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Hasanpur P.S. Case No.32 of 2024 under Section 380 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against three named accused persons including the petitioner against whom there is allegation that they have committed theft at the house of the informant and jewellary of Rs.15 lacs has been taken by them.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner is basically a Carpenter who was working at the house of the informant and prior to leaving the work, he has demanded his earned money, but the informants' side has asked

Patna High Court CR. MISC. No.48516 of 2024(3) dt.21-09-2024 2/2 not to pay and upon oppose, they have threatened him.

5. Learned Counsel further submits that from the F.I.R., it become crystal clear that the said occurrence was alleged to be taken on 10.03.2024 whereas F.I.R. has been lodged on 26.03.2024. He further submits that with a view to teach him a lesson, entire matter has been taken.

6. Learned Counsel also submits that case diary has been called for. In the case diary, it has categorically mentioned in paragraph-3 that his antecedent is clean.

7. Learned APP for the State opposes the prayer for bail and submits that antecedent of the petitioner is clean.

8. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of ACJM-IV, Rosra, Samastipur in connection with Hasanpur P.S. Case No.32 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J.) Prakashmani/- U T