Patna High CourtCR. MISC./59166/2023bail granted

Jiwachh Kumar Sah @ Chhotu v. The State Of Bihar

2023-09-22Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59166 of 2023 Arising Out of PS. Case No.-630 Year-2019 Thana- ARARIA District- Araria ====================================================== Jiwachh Kumar Sah @ Chhotu Son Of Kailu Sah R/O Vill - Phulwari, Ward No. 14, P.S. - Kishanpur, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-09-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The Petitioner is apprehending his arrest in a case in connection with Araria P.S. Case No. 630 of 2019 dated 05.08.2019 registered for the offences punishable u/s 379 of the Indian Penal Code.

4. As per the prosecution case, the informant suspected that his laptop was stolen by the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There

Patna High Court CR. MISC. No.59166 of 2023(2) dt.22-09-2023 2/2 is a delay of three days in lodging the FIR. Nothing has been recovered from the conscious possession of the petitioner. The allegation of theft is ornamental. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Araria in connection with Araria P.S. Case No. 630 of 2019, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T