Jawahar Saw @ Jawahar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17286 of 2019 Arising Out of PS. Case No.-235 Year-2017 Thana- BARAUNI RAIL P.S. District- Begusarai ====================================================== Jawahar Saw @ Jawahar Sah, Son of Jageshwar Saw, Resident of Mohalla - Purani Bazar, Lohar Patti, P.S.- Lakhisarai, Town, Distt - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2019 Heard learned Counsels for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offence punishable under Section 379 of the Indian Penal Code.

The prosecution case as per the written report of Rahul Kumar Choudhary submitted to SHO, Barauni Rail Police Station, Muzaffarpur is to the effect that on 18.10.2017, the informant and his wife were travelling on Tata Chapra Express train from Jesidih to Muzaffarpur. On the way, when the train reached at Barauni Railway Station, informant's wife got down the train to take some water, leaving her lady purse on the Berth No.38 of the train and when she came back, the purse containing mobile phone, a watch and some ornaments was missing, leading to registration of FIR against unknown persons.

Patna High Court CR. MISC. No.17286 of 2019(2) dt.26-03-2019 2/3 Subsequently, during investigation co-accused Laxman Choudhary was apprehended from whose possession, stolen mobile phone was recovered. It is further alleged that the apprehended co-accused Laxman Choudhary disclosed the name of the petitioner.

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

Considering the fact that nothing has been recovered from the conscious physical possession of the petitioner and name of the petitioner sprang up on the confessional statement of apprehended co-accused, Laxman Choudhary, coupled with 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 or surrender before the learned Court below within a

Patna High Court CR. MISC. No.17286 of 2019(2) dt.26-03-2019 3/3 period of 12 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 ACJM, Barauni Rail, Begusarai in connection with Barauni Rail P.S. Case No. 235 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T