Chitranjan Kumar @ Chitranjan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79253 of 2023 Arising Out of PS. Case No.-330 Year-2020 Thana- KOTWALI District- Patna ====================================================== CHITRANJAN KUMAR @ CHITRANJAN SHARMA Son of Late Shatrudhan Sharma R/o vill - Pahadpura, P.s. - Karpi, Distt. - Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Prakritita Sharma For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2023 Heard the parties.

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

3. The allegation against the petitioner is that he committed theft at the shop of the informant and sold the garments at a low price.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. She submits that there is no specific overt act against the petitioner and he has been made accused in the

Patna High Court CR. MISC. No.79253 of 2023(2) dt.19-12-2023 2/2 present case merely on the basis of suspicion because he was working in the shop of the informant. She further submits that on the alleged date of occurrence the petitioner was on leave and also there is no eye witness in the present case. Petitioner has two criminal antecedent.

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

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her 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 Kotwali P.S. Case No.330 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T