Raja Kumar @ Raja Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13341 of 2019 Arising Out of PS. Case No.-200 Year-2017 Thana- PARSA District- Saran ====================================================== Raja Kumar @ Raja Babu, Son of Late Tuntun Manjhi, Resident of Village - Pojhi, P.S.- Derni, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar-2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-03-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 461 and 379 of the IPC.

The prosecution case, as per the written report of Pramod Sah, dated 27.12.2017, submitted to the Station House Officer, Parsa Police Station, is to the effect that theft was committed in the jewellary shop of the informant when jewellary, worth Rs. 4 lacs were stolen, leading to registration of FIR against unknown persons. Name of the petitioner sprang up on the confession of

Patna High Court CR. MISC. No.13341 of 2019(2) dt.06-03-2019 2/3 co-accused, Durga Kumar @ Durga Sah.

It is submitted by learned counsel for the petitioner that no recovery has been made from the conscious physical possession of the petitioner. The name of the petitioner sprang up on the confessional statement of co-accused person. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the name of the petitioner sprang up on the confessional statement of co-accused person. Considering the fact that prosecution case does not suggest that any recovery has been made from the conscious physical possession of the petitioner, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/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 like amount each to the satisfaction of learned ACJM-XIII, Saran at Chapra in connection with Parsa P.S. Case No. 200 of 2017subject to the condition as laid down under Section 438(2) of the Cr. P.C. Learned Court below will be at liberty to cancel the

Patna High Court CR. MISC. No.13341 of 2019(2) dt.06-03-2019 3/3 bail bonds of the petitioner if he fails to co-operate during investigation.

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