In an anticipatory bail petition, the Patna High Court allowed the petitioner to be enlarged on anticipatory bail upon arrest or surrender within six weeks on furnishing a bond of Rs. 20,000/- with two sureties.
Petitioner enlarged on anticipatory bail upon surrender within six weeks by furnishing bail bond of Rs. 20,000/- with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74672 of 2023
Arising Out of PS. Case No.-102 Year-2023 Thana- SIWAIPATTI District- Muzaffarpur
======================================================
Jitendra Kumar Son Of Raj Mangal Prasad Resident Of Village- Harser Balua Bazar, Ps- Siwaipatti, Distt- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate For the Opposite Party/s : Mr. Anita Kumari, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 06-12-2023
Learned counsel for the petitioner is permitted to
remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
3. The petitioner is apprehending his arrest in connection with Siwaipatti P.S Case No. 102 of 2023 dated 21.05.2023 registered for the offence punishable u/ss 420, 120B, 413, 414, 467, 468 read with 34 of the Indian Penal Code.
4. As per the prosecution case, during the patrolling duty, police has seized two stolen motorcycles
Patna High Court CR. MISC. No.74672 of 2023(2) dt.06-12-2023 2/3
and apprehended the co-accused Ankit Kumar on the spot.
5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that there is no recovery of any incriminating articles from the conscious possession of the petitioner. Learned counsel has further submitted that the name of the petitioner has been disclosed by the co-accused namely, Ankit Kumar. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
7. 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 anticipatory 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, Muzaffarpur in connection with Siwaipatti P.S. Case No. 102 of 2023,
Patna High Court CR. MISC. No.74672 of 2023(2) dt.06-12-2023 3/3
subject to conditions as laid down under section 438(2) of
the Code of Criminal Procedure.
8. The application stands allowed.
(Chandra Prakash Singh, J)
Nilmani/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in connection with the spotted case regarding furnishing bail bond.
Whether the petitioner apprehending his arrest is metted with anticipatory bail.
1 provisions across 1 enactments
Jitendra Kumar Son Of Raj Mangal Prasad
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
