Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14521 of 2023 Arising Out of PS. Case No.-254 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== SUSHIL KUMAR S/o Dhaneshwar Yadav @ Chano Yadav R/o VillageSabila (Uttarari Tola), P.S.- Singheshwar, Distt- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-05-2023 Heard learned counsel appearing on behalf of the parties.

The accused/petitioner is named in the F.I.R. and apprehend his arrest in connection with Singheshwar P.S. Case No. 254 of 2021 registered for the offences punishable under Sections 341, 323, 461, 379, 504 and 506 of the Indian Penal Code.

The allegation against the petitioner is to commit theft in shop of informant and to taken away medical equipments and test kits, costing Rs. 2,00,000/-.

Learned counsel appearing on behalf of the petitioner submitted that present FIR was lodged after delay of 18 days, without having any just explanation. It is submitted that FIR, itself speaking on its face that same has been lodged on the basis

Patna High Court CR. MISC. No.14521 of 2023(2) dt.23-05-2023 2/2 of suspicion. It is also submitted that petitioner is staff of informant and his name implicated in the present case, when petitioner demanded for his salary, pending with informant since last 3 months. While concluding the argument, it is submitted that petitioner is a man of clean antecedent. Learned APP for the State, opposes the prayer of bail. Considering the aforesaid facts and circumstances of the case, as petitioner is staff of informant, where, implication based upon suspicion, as per face of FIR, itself, accordingly above named petitioner, in the event of his arrest or surrender before learned court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.

10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura /concerned Court, where the case is pending in connection with Singheshwar P.S. Case No. 254 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T