Rajesh Sardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10618 of 2020 Arising Out of PS. Case No.-8 Year-2014 Thana- RANIGANJ District- Araria ====================================================== RAJESH SARDAR S/o- Lakshman Sardar Resident of Village- Hemantganj, Ward No. 15, P.S.- Triveniganj, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Ziaul Quamar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-06-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

This application, for grant of anticipatory bail, arises out of Raniganj Police Station Case No. 08 of 2014, disclosing offences under Sections 461/379 of the Indian Penal Code. The petitioner is not named in the First Information Report. The First Information Report has been lodged against unknown, stating therein that on the date of occurrence, i.e. on 15.01.2014, when the informant arrived at his shop, he found that the shutter of his shop was in broken condition and some articles including cash was stolen from his shop. Learned Counsel for the petitioner submits that the petitioner is not named in the First Information Report and he has got no criminal antecedent. He further submits that his name

Patna High Court CR. MISC. No.10618 of 2020(2) dt.25-06-2020 2/2 has transpired on the basis of the confessional statement of coaccused persons, who have been arrested and from whose possession, stolen articles were recovered. He further submits that no recovery has been made from the possession of the petitioner.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner has got no criminal antecedent and no incriminating article has been recovered from his possession, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Raniganj Police Station Case No. 08 of 2014, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √