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Patna High CourtCR. MISC./45585/2022bail rejected

Bittu Kumar Mishra @ Bittu Kumar v. The State Of Bihar

2022-12-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45585 of 2022 Arising Out of PS. Case No.-442 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== Bittu Kumar Mishra @ Bittu Kumar Son Of Suresh Chandra Mishra R/O Village- Dhanwatiya, P.S.- Yogapatti, District- West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in registered for the offence punishable under Sections 379, 411/34 of the Indian Penal Code.

As per prosecution case, the motorcycle of the informant was stolen by the petitioner and two other accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is next submitted that identification of the petitioner through CCTV footage is doubtful. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has got clean antecedent.

Patna High Court CR. MISC. No.45585 of 2022(2) dt.06-12-2022 2/2 Learned counsel for the State opposes the prayer for bail application submitting that petitioner is identified by the informant from the CCTV footage.

Considering the fact that informant has identified the petitioner through CCTV footage, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) Navya/- U T