Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74672 of 2023 Arising Out of PS. Case No.-102 Year-2023 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Jitendra Kumar Son Of Raj Mangal Prasad Resident Of Village- Harser Balua Bazar, Ps- Siwaipatti, Distt- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-12-2023 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 Siwaipatti P.S Case No. 102 of 2023 dated 21.05.2023 registered for the offence punishable u/ss 420, 120B, 413, 414, 467, 468 read with 34 of the Indian Penal Code.

4. As per the prosecution case, during the patrolling duty, police has seized two stolen motorcycles

Patna High Court CR. MISC. No.74672 of 2023(2) dt.06-12-2023 2/3 and apprehended the co-accused Ankit Kumar on the spot.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that there is no recovery of any incriminating articles from the conscious possession of the petitioner. Learned counsel has further submitted that the name of the petitioner has been disclosed by the co-accused namely, Ankit Kumar. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently 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/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Muzaffarpur in connection with Siwaipatti P.S. Case No. 102 of 2023,

Patna High Court CR. MISC. No.74672 of 2023(2) dt.06-12-2023 3/3 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) Nilmani/- U T