Kaushal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58048 of 2021 Arising Out of PS. Case No.-315 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== KAUSHAL KUMAR Son of Anup Yadav Resident of Village- Bilauri, P.S.- Lakhisarai, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that his motorcycle was stolen, during search one Bipin was apprehended who disclosed that he had sold the motorcycle to Mithilesh, accordingly the police was informed and from the house of Mithilesh the stolen motorcycle was recovered, further Mithilesh disclosed that he earlier had sold the stolen motorcycle to the petitioner.

Learned counsel for the petitioner submits that petitioner has been falsely implicated based on confessional

Patna High Court CR. MISC. No.58048 of 2021(2) dt.03-11-2022 2/2 statement of Mithilesh, it is next submitted that the motorcycle with Mithilesh alleges that he had sold the petitioner was not sold to him but since petitioner was knowing Mithilesh as such he had kept the motorcycle on request of Mithilesh without knowing that the same was a stolen motorcycle, it is next submitted that petitioner has been selected for CRPF as would be evident from Annexure-2 to the anticipatory bail application. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, 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 bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Lakhisarai (Kabaiya) P.S. Case No. 315 of 2015 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T