Ghanshyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79026 of 2023 Arising Out of PS. Case No.-239 Year-2023 Thana- KAKO District- Jehanabad ====================================================== Ghanshyam Kumar S/O Awdhesh Prasad Village- Chandora, Ps. Koka, Distt. Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Kamal Nayan, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379, 414, 467, 468, 471 and 34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, allegation against the petitioner is that he sold the theft motorcycle to the apprehended co-accused person.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is no recovery from the conscious possession of the petitioner. He submits that the petitioner has no concern with the alleged motorcycle. He further submits that petitioner is a student of B.Sc. He further

Patna High Court CR. MISC. No.79026 of 2023(2) dt.12-12-2023 2/2 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, 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 Kako P.S. Case No.239 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. The learned Court below is directed to verify the criminal antecedent of the petitioner. If, the petitioner has any criminal antecedent before the present case then the bail bond of the petitioner shall not be accepted by the learned Court below. (Anjani Kumar Sharan, J) ajay/- U T