Alok Kumar @ Mukul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59877 of 2023 Arising Out of PS. Case No.-53 Year-2021 Thana- TISIAUTA District- Vaishali ====================================================== Alok Kumar @ Mukul Kumar, Male, aged about 27 years, son of Ramesh Kumar, resident of Village- Parmanandpur, P.S.- Hajipur Sadar, Dist- Vaishali. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Yatindra Narayan, Advocate For the Opposite Party :

Mr. Narsingh Tanti, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-09-2023 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 connection with Tisiauta P.S. Case No. 53 of 2021 dated 29.04.2021 registered for the offence punishable under Section 379 of the Indian Penal Code.

4. As per the prosecution case, thieves are alleged to have stolen the Motorcycle of the informant which was parked outside of his house.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.59877 of 2023(2) dt.27-09-2023 2/2 that the petitioner is innocent and has been falsely implicated in this case. The petitioner has got two criminal antecedent in which he is on bail. The petitioner is not named in the F.I.R. The name of the petitioner has sprang up in the present case on the basis of the confessional statement of the co-accused, namely, Ramadhar Singh. It is further submitted that no incriminating article was recovered from the possession of the petitioner.

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

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Tisiauta P.S. Case No. 53 of 2021, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T