Rampravesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15108 of 2022 Arising Out of PS. Case No.-72 Year-2019 Thana- JHAJHA RAIL P.S. District- Lakhisarai ====================================================== RAMPRAVESH KUMAR Son of Banarashi Das Resident of - Santar Mohalla, Purani Bazar, Ward No.- 13, P.S. and District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Raju, Adv.

For the Opposite Party/s :

Mr.Kanhaiya Kishore, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 379 I.P.C. and subsequently charge sheet was submitted u/s 379 & 411 of the IPC.

Allegedly, the mobile of the informant i.e. Redmi Note 4 was stolen at Jhajha Railway Station by some unknown person. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. Petitioner has no criminal antecedent. It is submitted that the FIR was lodged against unknown person. During investigation, the said mobile was found in the shop of the petitioner but the police has

Patna High Court CR. MISC. No.15108 of 2022(2) dt.14-11-2022 2/2 released the petitioner under section 41A of the Cr.P.C. and the petitioner himself has deposited the said mobile in the Police Station. Thereafter, the Police after investigation filed charge sheet against the petitioner under Section 379 and 411 of the IPC. Cognizance has been taken against the petitioner. The petitioner had no knowledge about the theft of the said mobile. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering that the petitioner is the owner of the shop in which mobiles are repaired and he also cooperated in the investigation, I am inclined to enlarge him on anticipatory bail.

Let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Jhajha Rail P.S. Case No.72 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.