Subhash Singh @ Subhash Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17820 of 2015 Arising Out of PS.Case No. -13 Year- 2014 Thana -HARPUR District- MUNGER ======================================================

1. Subhash Singh @ Subhash Kumar Mandal, son of Sri Gajadhar Singh @ Gazadhar Mandal, resident of village- Etwadih-Rampur, P.O.- Majhgain, P.S.- Sangrampur, District- Munger. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dhananjay Kumar Gupta For the Opposite Party : Mr. Gajendra Pd. Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-06-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Harpur P.S. Case No. 13 of 2014 registered under Sections 457, 380, 511 of the Indian Penal Code. The allegation of the informant Rajendra Kumar Sah is that in the night of 13-07-2014 while he was sleeping in his house, he heard the Hulla of the villagers. When he reached there he found the lock of his shop broken but no material was theft from the shop. In front of the shop a motorcycle bearing registration No. WB38P-8761 was lying there which appears to be left by the thieves while hearing Hulla of the villagers.

Learned counsel for the petitioner submits that admittedly the motorcycle is in the name of the petitioner but

Patna High Court Cr.Misc. No.17820 of 2015 (2) dt.04-06-2015 2/2 the same motorcycle was taken by his nephew Chotu Kumar which has also come during investigation which gets reflected from the order dated 12.03.2015 passed by learned Sessions Judge, Munger in A.B.P. No. 148 of 2015. It is further submitted that no material of the shop was taken nor any alleged articles have been recovered from the possession of the petitioner. It is also submitted that petitioner has no criminal antecedent.

Considering the aforesaid submissions, let the above named petitioner be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Munger in connection with Harpur P.S. Case No. 13 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C (Rajendra Kumar Mishra, J) Shageer/- U T