Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81698 of 2023 Arising Out of PS. Case No.-120 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== SATISH KUMAR SON OF DIPESHWAR PRASAD RESIDENT OF VILLAGE- MATHURAPUR WARD NO. 3, PS- WARISNGAR (MATHURAPUR OP), DISTT- SAMASTIPUR ... ... 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. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-01-2024 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 379, 411 of the Indian Penal Code.

3. Allegedly, one Md. Chaman was apprehended by the informant red-handed with one stolen pipe and he disclosed that he sold the the stolen articles in the shop of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have 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. There is no specific overt act against the petitioner. The name of the petitioner transpired in the present

Patna High Court CR. MISC. No.81698 of 2023(2) dt.04-01-2024 2/2 case on the basis of confessional statement of apprehended coaccused. There is no material evidence against the petitioner. 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 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 Warisnagar (Mathurapur O.P.) P.S. Case No.120 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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