Ganesh Kumar @ Ganesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7873 of 2022 Arising Out of PS. Case No.-634 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== GANESH KUMAR @ GANESH SAH SON OF LATE VISHWANATH SAH RESIDENT OF VILLAGE- SHANKAR SARAIYA, KALWARI TOLA, P.S.- TURKAULIYA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379 and 461 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and the informant alleges that on 15.08.2018, he had closed his mobile shop but when he came back next day to open it he found the shop's shutter lock was broken for which gave an application to the SHO, it is next alleged that on 24.09.2018 again the lock was broken and mobile worth Rs. 1,50,000/- including laptop, hard disk and accessories were stolen, it is next alleged that on

Patna High Court CR. MISC. No.7873 of 2022(2) dt.01-09-2022 2/3 10.08.2018, Prakash Turkoliya the son of the informant's landlord had asked the informant to give rent in his hand and in the event if rent was given to his father he will destroy, thus based on suspicion it is alleged that it was landlord's son who got the occurrence committed.

Learned counsel for the petitioner submits that petitioner was not named in the FIR, it is next submitted that the entire allegation hinges around Prakash, it is also submitted that petitioner was in custody in connection with Turkauliya P.S. Case No. 564 of 2018 but his remand was not sought in the present case which came to be instituted while he was in custody in the said case, the learned counsel next submits that petitioner has been made accused in three cases in which initially he was not named in the FIR.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.7873 of 2022(2) dt.01-09-2022 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Turkauliya P.S. Case No. 634 of 2018 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T