Banti Jha @ Banti Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9522 of 2016 Arising Out of PS.Case No. -125 Year- 2015 Thana -INDUSTRIAL District- BHAGALPUR ====================================================== Banti Jha @ Banti Kumar Jha Son of A.K. Jha village - Basant Bihar Colony, P.S. - Industrial Area Zeromile, District - Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Amarendra Kumar For the Opposite Party/s : Mr. Nirmal Kr.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 01-03-2016 Heard learned counsels 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.

The prosecution case is that on 11.12.2015 the informant went on his motorcycle to attend a feast when he parked his motorcycle where the petitioner was stand who suggested the informant that he will watch his motorcycle. On return the informant neither found his motorcycle nor the petitioner.

It is submitted by learned counsel for the petitioner that there is nothing on record to suggest that the

Patna High Court Cr.Misc. No.9522 of 2016 (2) dt.01-03-2016 2/2 petitioner assured the informant to watch the motorcycle and for the occurrence of 11.12.2015 the FIR was registered on 23.12.2015.

A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the delayed lodging of the case, let the above named petitioner be released on anticipatory bail, in the event of 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 Additional Chief Judicial Magistrate-IX, Bhagalpur in connection with Bhagalpur Industrial Area P.S. Case No. 125 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The bail bonds of the petitioner shall be accepted by the learned court below on filing affidavit that he will co-operate in the investigation. The non-cooperation in investigation will give liberty to the learned court below to cancel the bail bonds of the petitioner.

(Dinesh Kumar Singh, J) DKS/- U T