Anand Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3000 of 2021 Arising Out of PS. Case No.-192 Year-2020 Thana- DIGHWARA District- Saran ====================================================== Anand Kumar Mishra Son Of Balendra Mishra Village- Kakarhat, Jalalpur Bazar, P.S. Jalalpur, District- Saran At Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Basant Kumar Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Section 379 of the Indian Penal Code. Later on, Section 411 of I.P.C. has been added.

The prosecution case, in short, is that the informant parked his tractor at the door of one Ganesh Pandey at Saidpur. His driver went to bring the tractor but he did not find the tractor. The informant lodged a case against unknown alleging that his tractor was stolen by some unknown thief. It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.3000 of 2021(2) dt.13-04-2021 2/2 that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. The petitioner is not named in the F.I.R. His name has transpired in this case on confessional statement of co-accused made before the police. There is no recovery of any incriminating article from the possession of the petitioner. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate IX, Saran at Chapra in connection with Dighwara P.S. case No.192 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T