Kishan Kumar @ Kishan Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60245 of 2021 Arising Out of PS. Case No.-506 Year-2019 Thana- BUXAR District- Buxar ====================================================== KISHAN KUMAR @ KISHAN KUMAR RAI S/o Tej Narayan Rai R/o VillJaso, P.S.- Buxar, Dist.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Buxar Nagar P.S. Case no. 506/2019 instituted for the offence under Sections 379 of the Indian Penal Code. As per allegation in the FIR, Super Splender Motorcycle bearing Reg. No. BR44E 9922 which was parked outside the door of the informant, has stolen away by some unknown.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. FIR is against unknown. The name of the petitioner has been disclosed in this case by the co-accused, Ajay Kumar

Patna High Court CR. MISC. No.60245 of 2021(2) dt.11-07-2022 2/2 Singh, which has got no evidentiary value in the eye of law. During investigation, nothing has come against the petitioner. He is a student and preparing for competitive examination. Similarly situated co-accused persons has already been granted anticipatory bail by this Court vide order dated22.06.2022 passed in Cr. Misc. No. 59948 of 2021.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Buxar Nagar P.S. Case no. 506/2019 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Buxar subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U