Gaurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60850 of 2022 Arising Out of PS. Case No.-73 Year-2022 Thana- PUSA District- Samastipur ====================================================== GAURAV KUMAR S/O BRAHMDEO RAI R/v- Harpur Pusa, P.S.- Pusa, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Singh For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 379 of the Indian Penal Code pending in the learned court below. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that a theft motor-cycle was recovered from a room which is back of the shop of the petitioner. He further submits that petitioner is not named in the FIR, on the confessional statement of the co-accused Dharmendra Kumar, petitioner is made accused in the present case. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
Learned APP for the State opposes for prayer for bail.
Patna High Court CR. MISC. No.60850 of 2022(2) dt.23-02-2023 2/2 Considering the aforesaid facts and circumstances and the fact that the name of the petitioner was transpired only on the confessional statement of the co-accused, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Pusa P.S. Case No.73/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T