Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7675 of 2015 Arising Out of PS.Case No. -39 Year- 2013 Thana -RAIL District- LAKHISARAI ======================================================

1. Jitendra Paswan son of Ramu Paswan, Resident of village- Gopalpur, P.S.- Chiriya- Bariarpur, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Narbadeshwar Prasad Singh, Advocate For the Opposite Party/s : Mr. Nityanand (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-02-2015 Heard learned counsel for the petitioner and the State.

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

It is alleged that the informant's mobile, A.T.M. Card and other articles were stolen when she was traveling in train. Subsequently, it was found that the SIM card was registered in the name of the petitioner and his wife which was used in the stolen mobile.

It is submitted by the learned counsel for the petitioner that assuming the accusation no offence under Section 379 of the Indian Penal Code is made out against the petitioner. Moreover, the alleged SIM card is registered in the name of the petitioner and his wife and wife has already been

Patna High Court Cr.Misc. No.7675 of 2015 (2) dt.26-02-2015 granted anticipatory bail.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or 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 the like amount each to the satisfaction of learned Railway Judicial Magistrate, Kiul in connection with Jhajha G.R.P. Case No. 39 of 2013, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

The bail bond of the petitioner shall be accepted by the learned court below on filing affidavit to the effect that he will cooperate during investigation. The said affidavit will be transmitted to the concerned I.O. The non-cooperation in the investigation will give liberty to the learned court below to cancel the bail bond of the petitioner.

(Dinesh Kumar Singh, J) P.K./- U T