Bhikhu Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51193 of 2023 Arising Out of PS. Case No.-400 Year-2022 Thana- SHEOHAR District- Sheohar ====================================================== Bhikhu Ray S/O Jimdar Ray R/O Village- Belwa, Ps. Piprahi, Dist. Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379 & 411 of the Indian Penal Code pending in the learned court below.
3. As per the prosecution case, petitioner along with other co-accused persons are said to have stolen the animals of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is not named in the present case. He submits that there is no recovery of any theft animals either from the house of the petitioner or from his possession. He further submits that the petitioner is made accused in the present case on the basis of the confessional
Patna High Court CR. MISC. No.51193 of 2023(2) dt.29-08-2023 2/2 statement of the co-accused Vishwanath Rai. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes for prayer for bail.
6. Considering the aforesaid facts and circumstances and the fact that petitioner has no criminal antecedent, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Sheohar P.S. Case No.400 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T