Anand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65495 of 2022 Arising Out of PS. Case No.-95 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== Anand Kumar S/O Amarendra Yadav Resident Of Village- Pararia, P.S.- Madhepura (Bharrahi O.P.), District- Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar For the Opposite Party/s :
Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor 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.
Petitioner is said to have committed theft of motorcycle of the informant.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the said motorcycle has not been recovered either from the conscious possession of the petitioner or from his house. He submits that there is no eye witness to the occurrence. He submits that occurrence took place on 20.01.2022 but the FIR has been lodged on 01.02.2022 after delay of 11 days without explaining any reasonable cause of
Patna High Court CR. MISC. No.65495 of 2022(4) dt.09-05-2023 2/2 delay. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances of the case and the fact that there is delay in lodging the FIR, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Madhepura (Bharrahi O.P.) P.S. Case No. 95 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T