Raj Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 19825 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -BEERPUR District- BEGUSARAI ====================================================== Raj Kumar Das, S/o Shambhu Das, resident of Village- Muzaffara, P.S.- Birpur, District- Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr Sada Nand Roy, Advocate For the S t a t e : Mr Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR JUSTICE SANJAY PRIYA ORAL ORDER 05-05-2017 Learned counsel for the petitioner is permitted to make necessary correction in paragraph 1 of the petition. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Birpur Police Station Case No 2 of 2017 instituted for the offence under Sections 457, 380 and 411 of Indian Penal Code. As per written report, household articles of the informant were stolen. The informant has alleged that this petitioner has committed the theft and petitioner was handed over by the informant to the police. It is submitted on behalf of the petitioner that he has no criminal antecedent. There is no recovery from his possession. The Court below itself has granted bail to

Patna High Court Cr.Misc. No.19825 of 2017 (2) dt.05-05-2017 2/2 other co-accused persons from whose possession, recovery was done on the basis of confessional statement made by the petitioner. From the impugned order, it appears that the police took the confessional statement of this petitioner and, thereafter, in terms of paragraphs 27, 33 and 37 of case diary, the stolen articles were recovered from the accused persons. It is submitted that those accused persons have already been granted bail by the Court below itself. Petitioner is in custody since 06.01.2017. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Begusarai in Birpur Police Station Case No 2 of 2017 subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) M.E.H./- U T