Atul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83333 of 2024 Arising Out of PS. Case No.-209 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== 1.

Atul Kumar, S/o Shivjee Prasad, R/o vill - Ghogaraha Bairiya, P.s. - Harsidhi, Distt. - East Champaran 2.

Ankit Kumar, S/o Motilal Sah, R/o vill - Ghogaraha Bairiya, P.S. - Harisdhi, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Nautan (Jagdishpur) P.S. Case No.209 of 2022 instituted under Sections 457 & 379 of the Indian Penal Code.

3. As per the prosecution case, the informant was sleeping in the night and when he woke up in the morning he found that his mobile has been stolen by some unknown persons.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The petitioners are not named accused in the F.I.R. No

Patna High Court CR. MISC. No.83333 of 2024(2) dt.11-12-2024 2/2 stolen article has been recovered from the conscious possession of the petitioners. The petitioners are students and they have no knowledge that the alleged mobile was stolen mobile. The petitioners have no criminal antecedent they undertake to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran / Concerned Court in connection with Nautan (Jagdishpur) P.S. Case No.209 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashishkr/- U T