Billa @ Birendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54721 of 2024 Arising Out of PS. Case No.-159 Year-2022 Thana- NAYA RAM NAGAR District- Munger ====================================================== 1.
Billa @ Birendra Kumar Son of Pawan Bind Resident of Village - Raghunath Singh Tolla Patam, P.S.- Naya Ramnagar, District - Munger. 2.
Nitish Kumar @ Nitesh Kumar Son of Pappu Bind Resident of Village - Raghunath Singh Tolla Patam, P.S.- Naya Ramnagar, District - Munger. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Saurabh, Advocate For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-09-2024
1. Heard learned counsel for the parties.
2. The petitioners in this application pray for grant of anticipatory bail apprehending their arrest in connection with Naya Ramnagar P.S.Case no.159 of 2022 registered for the offence punishable under sections 461 and 379 of the Indian Penal Code.
3. As per allegation in the F.I.R, a theft was committed in the temple in question and certain amount of cash was taken away. The informant raises suspicion on 4 to 5 boys resident of Bind Toli.
4. Learned counsel for the petitioners submits that the petitioners are not named in the FIR. Referring to the order of the learned trial Court it is submitted that name of the
Patna High Court CR. MISC. No.54721 of 2024(2) dt.02-09-2024 2/2 petitioner transpired in course of investigation in the alleged confessional statement of a coaccused made before the police. No incriminating article has been recovered from his possession. The petitioners have no criminal antecedent and undertake to cooperate in the case.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., the submissions made by learned counsel for the petitioners, the contents of the order of the learned trial Court, no incriminating article having been recovered from the petitioners possession, it is directed that the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Naya Ramnagar P.S.Case no.159 of 2022 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM- 1st , Munger. (Partha Sarthy, J) Bibhash U T