Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69557 of 2024 Arising Out of PS. Case No.-190 Year-2023 Thana- SARAIYA District- Muzaffarpur ====================================================== Bittu Kumar Son of Laldeo Ram @ Lalu Resident of Village- Bahilwara, Govind, PS- Saraiya, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Bipin Chandra, Adv.

For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 457, 379, 411 of the Indian Penal Code.

3. As per FIR, on 31.03.2023, computer and other articles mentioned in the FIR were stolen from the school by some unknown thieves.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. He is not named in the FIR.

Patna High Court CR. MISC. No.69557 of 2024(2) dt.20-12-2024 2/2 The police conducted raid in the house of the petitioner on the basis of disclosure of co-accused. The recovery of gas cylinder shown by police in seizure-list is a planted one. Learned counsel further submits that there is no specific overt act against the petitioner and he has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, since petitioner has no criminal antecedent of similar nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Saraiya P.S. Case No. 190 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T