Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76992 of 2023 Arising Out of PS. Case No.-232 Year-2022 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Amit Kumar S/O Sri Bijendra Kumar Mehta @ Bechan Mahta R/O VillageMadhuban,Ward No. 4, Ps. Udakishunganj, Dist. Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Barun Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Udaikishunganj P.S. Case No. 232 of 2022 dated 19.07.2022 registered for the offences punishable u/s 392 of the Indian Penal Code.

3. As per the prosecution case, two unknown miscreants boarded on two motorcycles encircled the informant and looted two mobiles and Rs. 5,320/- in cash on the point of gun.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner

Patna High Court CR. MISC. No.76992 of 2023(2) dt.03-01-2024 2/2 has sprung up in the confessional statement of the co-accused, Mantu Sah. Nothing has been recovered from the possession of the petitioner and the petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

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

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on 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, Udaikishunganj, Madhepura in connection with Udaikishunganj P.S. Case No. 232 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

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