Jagat Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7953 of 2023 Arising Out of PS. Case No.-73 Year-2014 Thana- DANIYAWAN District- Patna ====================================================== JAGAT RAY Son of Late Ramadhar Ray R/v- Sikandarpur, P.S.- Bihta, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Patanjali Rishi, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-05-2023 Heard Mr. Patanjali Rishi, learned counsel for the petitioner and Mr. Shahabuddin Azeem @ S. Azeem, learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Daniyawan PS Case No. 73/2014 dated 13.09.2014 registered for the offence punishable under Sections 461 and 379 of the IPC.

3. As per First Information Report, in the night of 12.09.2014, 49 pieces of mobiles, inverter, gas cylinder etc., were stolen from the shop of the informant. It has been alleged that after some time during course of investigation on the basis of IMEI number it came to light that one of the stolen mobiles was being used by the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is an old person of 63 years of age and he has falsely

Patna High Court CR. MISC. No.7953 of 2023(2) dt.18-05-2023 2/2 been implicated in this case on the basis of IEMI number whereas the petitioner was not aware about the fact that the mobile which was given to him by his son was a stolen mobile.

5. Regards being had to the submissions made by the parties, taking into consideration the material on record and the fact that petitioner is an old person of 63 years of age, only one mobile has, allegedly, been used by the petitioner out of 49 pieces of stolen mobile, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, let the petitioner, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Ashutosh Abhimanyu, learned Judicial Magistrate- 1st Class, Patnacity, Patna/the court concerned in connection with Daniyawan PS Case No. 73/2014, subject to the condition as laid down under Section 438(2) CrPC.

(Anil Kumar Sinha, J) perwez U T