Akash Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5975 of 2022 Arising Out of PS. Case No.-346 Year-2018 Thana- RUPASPUR District- Patna ====================================================== Akash Ray Son Of Sri Ram Chandra Rai Resident Of Village - Batukeshwar Datt Lane, P.O.- G.P.O., P.S.- Jakkanpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Niwas Prasad For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379, 411 of the Indian Penal Code.

The prosecution case as per F.I.R is that the informant being S.I. of Rupaspur P.S. had stated to the effect that while he along with other police personnel were in patrolling on 13.08.2018, he seized one Tata Sumo vehicle in which four she goats and four goats were loaded. Four to five persons fled away from the place of seizure. The informant suspected that these

Patna High Court CR. MISC. No.5975 of 2022(3) dt.24-08-2022 2/3 animals were stolen one which were taken away to sell in the market.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is engaged in the business of selling and buying the goats and he has been roped in the present case since the seized vehicle is registered in the name of the petitioner. Moreover, the I.O. has not established that the said animals are stolen one. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial

Patna High Court CR. MISC. No.5975 of 2022(3) dt.24-08-2022 3/3 Magistrate, 2nd, Danapur, Patna in connection with Rupaspur P.S. Case No. 346 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T