Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78300 of 2023 Arising Out of PS. Case No.-429 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== SUJIT KUMAR Son of Sri Ramesh Mahto R/o vill - Laxmipur, ward no.11, P.s. - Chanpata (Sririsiya), Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sagar Kumar, Adv.

For the Opposite Party/s :

Mr.Bishweshwar Ram, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code.

3. Allegedly, on 17.08.2022, a white-red coloured T.V.S. Apache motorcycle of the informant parked in his garage has been stolen.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.78300 of 2023(2) dt.11-12-2023 2/3 specific rather general and omnibus in nature. No incriminating article has been recovered from the conscious possession of the petitioner. He is not named in the FIR. His name has been transpired in the present case on the basis of the confessional statement of co-accused Brij Bihari. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as petitioner has no criminal antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Chanpatia P.S. Case No. 429 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. The learned Court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases before filing the

Patna High Court CR. MISC. No.78300 of 2023(2) dt.11-12-2023 3/3 present case, his bail bond shall be cancelled by the learned Court below.

(Anjani Kumar Sharan, J) divyanshi/- U T