Patna High CourtCR. MISC./64285/2023allowed

Mritunjay Kumar v. The State Of Bihar

2023-10-18Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64285 of 2023 Arising Out of PS. Case No.-127 Year-2023 Thana- GURARU District- Gaya ====================================================== Mritunjay Kumar, son of Lalan Chandravanshi @ Lalan Kumar VillageTineri P.S.- Guraru, Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Guraru P.S. Case No. 127 of 2023 registered for the offences punishable under Sections 401, 413 and 414 of the Indian Penal Code.

3. As per prosecution case, on seeing the police party accused persons tried to flee away but three of them were caught on the spot and they disclosed the name of the petitioner as a member of the gang of thieves.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. There is no recovery from possession of the petitioner. He has no concern with the co-

Patna High Court CR. MISC. No.64285 of 2023(2) dt.18-10-2023 2/2 accused persons or the seized motorcycle. Except confessional statement of the co-accused there is no material against the petitioner. Petitioner has no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Additional Chief Judicial Magistrate Xth, Gaya in connection with Guraru P.S. Case No. 127 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T