Patna High Court rejected the petitioner's prayer for anticipatory bail in a theft and mischief FIR, refusing to rely on false alibis, but allowed him to surrender within four weeks to seek regular bail.
Anticipatory bail not granted. Petitioner to surrender within four weeks and apply for regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16462 of 2021
Arising Out of PS. Case No.-43 Year-2017 Thana- HARNAUT District- Nalanda
======================================================
Bittu Kumar S/o Ashok Ram R/o village- Srichandpur, P.S.- Harnaut, DistrictNalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar No.1 For the Opposite Party/s : Mr. A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
4 28-01-2022
Heard learned counsel for the petitioner and
learned APP for the State.
Learned counsel for the petitioner is expected
to honour his undertaking given in the instant case for
depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 461, 379 of the Indian Penal Code.
The prosecution case as per F.I.R is that the
shop of the informant has been robed and many articles
Patna High Court CR. MISC. No.16462 of 2021(4) dt.28-01-2022 2/3
including cash have been stolen away by unknown miscreants.
It is submitted by learned counsel for the petitioner that F.I.R has been lodged against unknown. The name of the petitioner sprang up during investigation. The allegation against the petitioner that stolen articles were recovered from the rented house of the petitioner is false and concocted as the petitioner is resident of Srichandpur situated near Harnaut Railway Station, hence, there is no question of taking any room on rent in Harnaut. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Considering the fact that stolen articles were recovered from the rented house of the petitioner, this
Court is not inclined to grant anticipatory bail to the petitioner.
However, if the petitioner surrenders within a period of four weeks from today and pray for regular
Patna High Court CR. MISC. No.16462 of 2021(4) dt.28-01-2022 3/3
bail, the same may be considered by the learned Court below without being prejudiced by the order of this
Court.
With the aforesaid observation/direction, the petition stands disposed off.
(Sunil Kumar Panwar, J)
Shageer/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in a case involving theft and mischief?
Bittu Kumar
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
