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Patna High CourtCR. MISC./83533/2024allowed

Ajeet Kumar @ Ajit Kumar v. The State Of Bihar

2024-12-11Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83533 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Ajeet Kumar @ Ajit Kumar son of Manoj Yadav Resident Of VillageTalibpur, Ward No 17, Ps- Barh, District -PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Jha,Adv.

For the Opposite Party/s :

Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Mohiuddin Nagar P.S. Case No. 71 of 2024 dated 31-03-2024 , instituted for the offence punishable under Sections 457 and 380 of the Indian Penal Code.

3. As per the prosecution case, some unknown accused persons have committed theft in the house of the informant. It is alleged that they have stolen his mobile OPPO A9 220 bearing IMEI No.862225049644859 and cash of Rs. 15,000/- kept in the box from the house of the informant.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that F.I.R. has been lodged against unknown accused persons. The name of the petitioner has come in this

Patna High Court CR. MISC. No.83533 of 2024(2) dt.11-12-2024 2/2 case on the basis of the confessional statement of the co-accused Rohit Kumar @ Rohit Sah @ Tamatar who was arrested in connection in Mohiuddin Nagar PS Case Nos. 69 of 2024. Except the confessional statement, no incriminating article has been recovered from the conscious possession or from the house of the petitioner. Lastly, it has been submitted that two criminal cases are pending against the petitioner.

5. Learned A. P. P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Mohiuddin Nagar P.S. Case No. 71 of 2024, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Samastipur, subject to condition as laid down under Section 438(2) of the Cr.P.C.

7.The application stands allowed.

(Khatim Reza, J) shyambihari/- U T