Akbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55814 of 2023 Arising Out of PS. Case No.-377 Year-2023 Thana- ARARIA District- Araria ====================================================== Akbar S/O Jahoor R/O Village- Rangdaha, Ward No. 13, P.S- Araria (bairgachhi), Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kishore Bharti For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2023 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 457, 380 and 411 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, all the accused persons including the petitioners are said to have theft articles from the house 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 made accused on the basis of the confessional statement of one of the apprehended person who disclosed that the petitioner is also a member of the syndicate which is involved in the committed of

Patna High Court CR. MISC. No.55814 of 2023(2) dt.31-08-2023 2/2 theft. He submits that there is no incriminating article has been recovered from the house or from the conscious possession of the petitioner. 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 Araria (Bairgachhi) P.S. Case No.377/2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T