Arbind Kumar @ Arvind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58217 of 2023 Arising Out of PS. Case No.-167 Year-2021 Thana- BATHNAHA District- Sitamarhi ====================================================== ARBIND KUMAR @ ARVIND KUMAR (M), aged about 20 years, S/O RAM BABU RAI @ RAM BABU PRASAD YADAV, R/O VILLAGETANDASPUR, PS. BATHNAHA, DIST. SITAMARHI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ritesh Kumar Narain Singh, Advocate For the Opposite Party/s :
Ms.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-10-2023 Heard Mr. Ritesh Kumar Narain Singh, learned counsel appearing on behalf of the petitioner and Ms. Shaheen Begum, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Bathnaha P.S. Case No. 167 of 2021 dated 08.07.2021 registered for the offence(s) punishable under Sections 379 of the Indian Penal Code.
3. FIR is against unknown. Allegation is that of theft of a motorcycle bearing Reg No. BR30 H- 9789.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is not named in the FIR and his name has surfaced in the present case in course of investigation with respect to Bathnaha P.S. Case No.182 of 2021 on the basis of his confessional statement made before the police custody. No recovery has been made from the house of the petitioner or any of the family members.
Patna High Court CR. MISC. No.58217 of 2023(2) dt.11-10-2023 2/2
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail and informed this Court that petitioner has two criminal antecedents but he has been acquitted in both the said cases.
6. Having considered the rival submissions as well as the allegation made in the FIR which is against unknown and also the fact that name of the petitioner has surfaced in the present case on his own confessional statement made before the police which has no evidentiary value, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Bathnaha P.S. Case No. 167 of 2021, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) Sanjay/- U T