Om Narayan Gond @ Om Narayan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9012 of 2019 Arising Out of PS. Case No.-541 Year-2018 Thana- BRAHMPUR District- Buxar ====================================================== Om Narayan Gond @ Om Narayan Prasad, aged about 28 years (Male), S/o Pasupati Gond, Resident of Vill-Deokuli, P.S.-Brahmpur, Dist.-Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-02-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 457 and 380 of the IPC.

The prosecution case, as per the written report of Mala Devi, dated 25.11.2018, submitted to the Station House Officer, Brahmpur Police Station, is to the effect that on 24/25.11.2018 the informant was sleeping in the night, in the meantime, the petitioner, co-accused Badak Ojha and two unknown persons entered into the house of the informant, tied her mouth, and took away grains, kept in the utensils, jewellary and cash amount of Rs. 20,000/-.

It is submitted by learned counsel for the petitioner that in the background of litigated relationship between the parties, the

Patna High Court Cr.Misc. No.9012 of 2019(2) dt.15-02-2019 2/2 accusation has been levelled against the petitioner. It is further submitted that no recovery has been made from the possession of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner has been named in the FIR.

Considering the nature of accusation and the fact that no recovery has been made from the possession of the petitioner, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Brahmpur P.S. Case No.541 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T