Mitthu Sharma @ Mithu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60312 of 2023 Arising Out of PS. Case No.-422 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== Mitthu Sharma @ Mithu Kumar Son Of Sri Ajay Sharma Mohalla Anand Bagh, Karpi, P.S. Karpi, Distt - Arwal ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Gardanibagh P.S. Case No. 422 of 2022 instituted under Section 379 of the Indian Penal Code.
3. As per the prosecution case, F.I.R. has been lodged against unknown persons for theft of motorcycle.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case by the confessional statement of the co-accused. There is no recovery from the petitioner. Except the confessional statement of the co-accused there is no material against the petitioner. He has one criminal antecedent in which he has been granted bail.
Patna High Court CR. MISC. No.60312 of 2023(2) dt.16-10-2023 2/2
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Gardanibagh P.S. Case No. 422 of 2022, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) rakhi/- U T