Niraj Thakur @ Niraj Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70872 of 2024 Arising Out of PS. Case No.-153 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Niraj Thakur @ Niraj Kumar Thakur Son of Harinandan Thakur Resident of village - Azad Tola, Ward No.- 9, P.S.- Madhepura, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Adv For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-10-2024 Heard the parties.

2.

The petitioner apprehends his arrest in connection with Madhepura P.S. Case No.153 of 2023, registered for the offence punishable under Sections 457, 380 of the Indian Penal Code. 3.

As per the prosecution case, the informant along with his family members were out of house and he got an information through his phone that the lock of his house are broken and the house-hold goods are dispersed. Thereafter, the informant along with his son came to his house and found that huge quantity of ornaments kept in his house were taken away.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. It is submitted that the FIR was lodged against unknown persons but during the course

Patna High Court CR. MISC. No.70872 of 2024(2) dt.22-10-2024 2/2 of investigation one person was arrested by the police and he disclosed the name of the petitioner. There is no recovery of any stolen article from the house of the petitioner. There is no eye witness to the alleged occurrence to support the case against the petitioner. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.

Accordingly, this application is dismissed.

8.

However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.

(Anjani Kumar Sharan, J) shikha/- U T