Patna High CourtCR. MISC./10053/2021bail granted

Jyoti Prakash v. The State Of Bihar

2021-04-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10053 of 2021 Arising Out of PS. Case No.-45 Year-2019 Thana- BIHTA District- Patna ====================================================== JYOTI PRAKASH SON OF LAL MOHAN CHAUHAN RESIDENT OF VILLAGE- JAMUNAPUR, P.S.- BIHTA, DISTRICT- PATNA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar For the Opposite Party/s :

Mrs.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 461, 379 and 411 of the Indian Penal Code.

Prosecution allegation, in short, is that the accused persons committed theft of building materials of the informant.. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.10053 of 2021(2) dt.13-04-2021 2/2 present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confession of coaccused. There is no recovery of any incriminating articles from the possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Danapur in connection with Bihta P.S. Case No. 45 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T