Vijay Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6678 of 2023 Arising Out of PS. Case No.-19 Year-2017 Thana- LAXMIPUR District- Jamui ====================================================== Vijay Pandit, aged about 30 years, Male, Son of Puna Pandit, R/O VillagePoksha, P.S.- Jhajha, District- Jamui. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party :

Mr. Ram Priya Sharan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s) as pointed by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner is apprehending his arrest in connection with Laxmipur P.S. Case No. 19 of 2017 dated 04.02.2017 registered for the offences punishable under Sections 457 and 380 of the I.P.C.

4. As per prosecution case, some unknown thieves are alleged to have committed theft and took away Rs. 18,240/- of Jivika Groups and cash of Rs. 50,000/- alongwith entire clothes of female, some documents and seven pieces of SIM and

Patna High Court CR. MISC. No.6678 of 2023(4) dt.24-01-2024 2/3 six pieces of mobile phones from the house of the informant.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely been implicated in the present case. It is submitted that the petitioner is not named in the F.I.R. Nothing incriminating article has been recovered from the possession of the petitioner. The name of the petitioner has come in course of investigation merely on the basis of confessional statement of the co-accused Ajay Kumar Yadav. Except for the confessional statement of the co-accused, there is no other substantive evidence to suggest the implication of the petitioner in the present case. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.

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

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender before the learned court below 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, Jamui in connection with Laxmipur P.S. Case No. 19 of 2017, subject to the condition as laid down

Patna High Court CR. MISC. No.6678 of 2023(4) dt.24-01-2024 3/3 under Section 438(2) of the Cr.P.C.

8. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T