Anil Kumar @ Anil Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55881 of 2024 Arising Out of PS. Case No.-48 Year-2024 Thana- BUDDHACOLONY District- Patna ====================================================== Anil Kumar @ Anil Rai Son Of Late Ramashish Mahto@Ramashish Mehata Village- Math Laxmanpur, Koiritola, Ps- Alamganj, Dist- Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Vijay Kumar, Advocate For the Opposite Party :
Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Buddha Colony P.S. Case No. 48/2024 dated 20.01.2024 registered for the offence punishable u/s 457 and 380 of the Indian Penal Code.
3. As per the prosecution case, unknown miscreants are alleged to have committed theft of laptop, ornaments of gold, diamond and silver worth Rs. 4,94,000/- and Rs. 15,000/- in cash from the flat no. 103. Further, it is alleged that gold and silver ornaments worth Rs. 2,42,000/- and Rs. 35,000 in cash were also stolen from the flat no. 305 of Transit Building.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.55881 of 2024(2) dt.20-08-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the selfconfessional statement. There is nothing on record against the petitioner except the confessional statement. No T.I.P has been conducted by the prosecution. The petitioner has eight criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 05.02.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Buddha Colony P.S. Case No. 48/2024, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
Patna High Court CR. MISC. No.55881 of 2024(2) dt.20-08-2024 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T