Amlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53200 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- BETTIAH CITY District- West Champaran ====================================================== Amlesh Kumar, S/o Sri Munna Sah, R/o Village - Balua Rampurwa, P.S. - Bairiya, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Bettiah Town P.S. Case No. 79 of 2024 registered for the offences punishable under Sections 379 of the Indian Penal Code.

3. As per prosecution case, motorcycle of the informant has been stolen by unknown.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to two criminal antecedents. The FIR has been lodged against unknown and in the confessional statement of coaccused Sunil Kumar the name of the petitioner transpired in the

Patna High Court CR. MISC. No.53200 of 2024(3) dt.20-11-2024 2/2 present case. He further submits that there is no recovery made from possession of the petitioner and except the confessional statement of the co-accused there is no material against the petitioner. Petitioner undertakes to cooperate in the investigation and trial of this case.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Bettiah Town P.S. Case No. 79 of 2024, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T