Kari Kumar Raut @Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78761 of 2023 Arising Out of PS. Case No.-199 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Kari Kumar Raut @AMARJEET Kumar Son Of Yugeshwar Raut R/O Village- Manik Chauk (NORTH), P.S.- Runnisaidpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2023 Heard Mr Ashok Kumar Jha, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, one Mukesh Kumar Kapar was apprehended by the informant and his family members while he was committing theft of jewellery, cash Rs.8,000/- in the house of the informant. He disclosed the name of the petitioner that the petitioner fled away from the place of the occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that apprehended person disclosed the

Patna High Court CR. MISC. No.78761 of 2023(2) dt.11-12-2023 2/3 name of the petitioner but the police has not mentioned the name of the petiitoner in the column-7 of the FIR. He submits that there is no recovery from the conscious possession or from the house of the petitioner. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

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

6. Considering the aforesaid facts and circumstances and the fact that petitioner is not named in column 7 of the FIR, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Runnisaidpur P.S. Case No.199 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. However, the learned Court below is directed to verify the criminal antecedent of the petitioner. If it is found that petitioner has any criminal antecedent before the present case,

Patna High Court CR. MISC. No.78761 of 2023(2) dt.11-12-2023 3/3 then the bail bond of the petitioner shall not be accepted by the learned Court below.

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