Avinav Kumar Mishra @ Guddu Mishra @ Abhinav Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70966 of 2023 Arising Out of PS. Case No.-155 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Avinav Kumar Mishra @ Guddu Mishra @ Abhinav Mishra Son Of Hemchandra Mishra Resident Of Village- Harinagar, P.S.- Kusheshwar Asthan, District- Darbhanga ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar Jha, Advocate For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code pending in the learned court below.
3. Petitioner is said to have committed theft of the motorcycle of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is not named in the FIR. He submits that during the investigation on the confessional statement of the co-accused the petitioner and others made accused in this case. He further submits that similarly situated other co-accused person has already been
Patna High Court CR. MISC. No.70966 of 2023(2) dt.28-11-2023 2/2 granted bail by this Court vide order dated 07.11.2023 passed in Cr. Misc. No. 69166 of 2023. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes for prayer for bail.
6. Considering the aforesaid facts and circumstances, 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 Kusheshwar Asthan P.S. Case No.155 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T