Piyush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73580 of 2024 Arising Out of PS. Case No.-486 Year-2024 Thana- FATUA District- Patna ====================================================== Piyush Kumar Son of Brijlal Kumar @ Vijulala Yadav @ Brijlal Yadav Resident of Village- Dumri, P.S.- Fatuha, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manendra Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 303(2), 317(2) and 3(5) of the Bhartiya Nyaya Sanhita.

3. As per the prosecution case, unknown miscreants are alleged to have stolen the motorcycle of the informant. It is further alleged that the stolen motorcycle was recovered from the Toto vehicle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. The apprehended person disclosed the name of the petitioner and the co-accused persons. The petitioner is neither the owner nor the

Patna High Court CR. MISC. No.73580 of 2024(2) dt.23-10-2024 2/2 driver of the said Toto vehicle from which the alleged bike has been recovered. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Patna City in connection with Fatuha P.S. Case No. 486 of 2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T