Lovkush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55536 of 2024 Arising Out of PS. Case No.-388 Year-2022 Thana- PUNPUN District- Patna ====================================================== Lovkush Kumar Son of Munna Rai R/V- Village- Sakin Balwan, P.S.- Doriganj, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Adv.

For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Punpun P.S. Case No. 388 of 2022 registered for the offences punishable under Section 379 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants have stolen the tractor of the Informant bearing Regd. No. 25A 7935, which was parked near his house/shop.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. as the same has been

Patna High Court CR. MISC. No.55536 of 2024(2) dt.09-08-2024 2/3 registered against unknown. The name of the petitioner has surfaced in this case on the basis of the confessional statement of Chandan Kumar and Mukesh Kumar who were arrested in Punpun P.S. Case No. 387 of 2022. Except the confessional statement of the co-accused, there is nothing against the petitioner in the entire record of this case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner has no concern with the alleged occurrence. The petitioner has also no concern with the co-accused Chandan Kumar and Mukesh Kumar.

5. Learned counsel for the petitioner further submits that the co-accused Bittu Kumar @ Dinanath Kumar @ Bittu Kr. @ Dinanath has been granted regular bail by this Court vide order dated 18.03.2024 passed in Cr. Misc. No. 19337 of 2024.

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

7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner abovenamed, in the event of his arrest or surrender before the learned

Patna High Court CR. MISC. No.55536 of 2024(2) dt.09-08-2024 3/3 Court below within a period of six weeks from today, be released on anticipatory 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 learned court below where the case is pending/successor court in connection with Punpun P.S. Case No. 388 of 2022 , subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) rishi/- U T