Patna High CourtCR. MISC./76242/2023bail granted

Miku Prasad @ Mithlesh Kumar @ Mithu Kumar v. The State Of Bihar

2023-12-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76242 of 2023 Arising Out of PS. Case No.-207 Year-2023 Thana- PIPRA District- East Champaran ====================================================== Miku Prasad @ Mithlesh Kumar @ Mithu Kumar Son Of Wakil Prasad R/O Of Village- Zitakahiyan, P.S.- Rajepur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mrs.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-12-2023 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 Pipra P.S. Case No. 207 of 2023 dated 05.07.2023 registered for the offences punishable u/s 379 of the Indian Penal Code.

3. As per the prosecution case, the informant's motorcycle was stolen by the unknown thieves.

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 has sprung up in the confessional statement of the co-accused, Amarjeet Kumar. Nothing has been recovered from the

Patna High Court CR. MISC. No.76242 of 2023(2) dt.02-12-2023 2/2 possession of the petitioner and 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 anticipatory bail petition 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 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, East Champaran, Motihari in connection with Pipra P.S. Case No. 207 of 2023, 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