Mitthu Sharma @ Mithu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61501 of 2023 Arising Out of PS. Case No.-525 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== MITTHU SHARMA @ MITHU KUMAR S/O SRI AJAY SHARMA R/O MOHALLA- ANAND BAGH, KARPI, PS. KARPI, DIST. ARWAL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Section 379/414 of the Indian Penal Code.

3. As per the prosecution case, two co-accused persons were apprehended with stolen motorcycle and on interrogation, they confessed their guilt and accepted the complicity of the petitioner in the commission of theft of alleged motorcycles.

4. It is submitted on behalf of petitioner that no incriminating article has been recovered from the possession of this petitioner and he has been falsely made accused only on the basis of confessional statement of co-accused.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Patna High Court CR. MISC. No.61501 of 2023(2) dt.16-10-2023 2/2

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Patna in connection with Gardanibagh P.S. Case No. 525 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T