Kush Kumar @ Katari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80009 of 2023 Arising Out of PS. Case No.-524 Year-2023 Thana- JAHANABAD District- Jehanabad ====================================================== KUSH KUMAR @ KATARI S/O RAMJIT YADAV @ BHURA YADAV @ RAMJIT KUMAR VILLAGE- DIHURI, PS. PARSASHBIGHA, DIST. JEHANABAD.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 411/ 414/ 34 of the Indian Penal Code.

3. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Petitioner has got no criminal antecedent mentioned in Para 3 of the bail application. He further submits that petitioner has been made accused in the present case when police has apprehended one person with theft motorcycle and he disclosed the name of the petitioner that he had purchased the motorcycle from the petitioner. No incriminating article has been recovered

Patna High Court CR. MISC. No.80009 of 2023(2) dt.15-12-2023 2/2 from the possession of the petitioner. Due to previous enmity petitioner has been made accused in the present case.

4. Learned APP for the State has opposes the prayer for bail.

5. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/ successor Court in connection with Jehanabad P.S. Case No. 524 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

6. The learned court below is directed to verify the criminal antecedent of the petitioner before accepting his bail bond if it is found that petitioner has criminal antecedent prior to lodging of the present case then his bail bond shall not be accepted.

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