Chhotu Kumar@Govind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80762 of 2023 Arising Out of PS. Case No.-110 Year-2021 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== CHHOTU KUMAR@GOVIND KUMAR SON OF MADHU SINGH RESIDENT OF VILLAGE- MORSAND, PS- RUNNISAIDPUR, DISTTSITAMARHI ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh For the Opposite Party/s :
Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2024 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 along with other co-accused persons stole four idol of Astdhatu from a temple.
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. Petitioner is not named in the FIR, he was
Patna High Court CR. MISC. No.80762 of 2023(4) dt.21-03-2024 2/2 made accused in the present case on the basis of statement of apprehended co-accused. He further submits that there is no recovery of incriminating articles from the possession of the petitioner or his house. Petitioner has no 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 the petitioner has no criminal antecedent, 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 Runnisaidpur P.S. Case No.110 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T