Bittu Chourasia @ Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79610 of 2023 Arising Out of PS. Case No.-224 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== BITTU CHOURASIA @ BITTU KUMAR Son of Ganga Prasad Chourasia @ Ganga Mandal Resident of Village - Baisa, P.S.- Parbatta (Maraiya), District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Parbatta P.S. Case No. 224 of 2023 dated 18.05.2023 registered for the offences punishable u/ss 379 and 411 of the Indian Penal Code.

3. As per the prosecution case, four unknown miscreants are alleged to have come and looted the motorcycle and a bag of the informant. They fled away with motorcycle and a bag containing a bag, mobile and Rs. 1600/-.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner

Patna High Court CR. MISC. No.79610 of 2023(2) dt.25-01-2024 2/2 has sprung up in the confessional statement of the co-accused, Diwesh Kumar. Nothing has been recovered from the possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Khagaria in connection with Parbatta P.S. Case No. 224 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T