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Patna High CourtCR. MISC./73711/2024allowed

Tullu Kumar @ Tulu Kumar v. The State Of Bihar

2024-10-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73711 of 2024 Arising Out of PS. Case No.-99 Year-2024 Thana- PATEPUR District- Vaishali ====================================================== Tullu Kumar @ Tulu Kumar Son of Motilal Ray Resident of Village - Bhagwanpur Dharampur, P.S. - Vaishali, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-10-2024 Heard Mr. Shyameshwar Kumar Singh, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 395 of the Indian Penal Code.

3. As per the prosecution case, Informant's Bolero Pickup, his Mobile Phone and Rs.5,000/- cash were looted by group of robbers.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is not named in the F.I.R. The name of the

Patna High Court CR. MISC. No.73711 of 2024(2) dt.26-10-2024 2/2 petitioner has surfaced in this case on the basis of confessional statement of co-accused Dilip Ram. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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

6. Considering the facts and circumstances of the case as well as the fact that the petitioner has no criminal antecedent and the petitioner's name surfaced in this case on the basis of confessional statement of co-accused, namely, Dilip Ram, 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 Patepur P.S. Case No. 99 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T