Mahesh Chauhan @ Mahesh Kawari v. The State Of Bihar

Patna High Court Cr.Misc. No.20899 of 2015 (2) dt.11-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20899 of 2015 Arising Out of PS.Case No. -413 Year- 2014 Thana -GOPALGANJ CITY District- GOPALGANJ ====================================================== MAHESH CHAUHAN @ MAHESH KAWARI. Son of Suresh Chauhan. Resident of Village - Salemgarh, (Noniapatti), Police Station - Taryan Sujan, District - Kushinagar, (U.P.).

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Dr. M.K. Gautam (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Gopalganj P.S. Case No. 413 of 2014 arising out of Complaint Case No. 2521 of 2014 registered for the offences punishable under Section 379 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is not named in the FIR. Petitioner's name has surfaced on the confessional statement of co-accused persons. It is further submitted that that the FIR in this case has been lodged after three months of the alleged theft and for which no plausible explanation has been made in the FIR, explaining the delay.

Considering the aforesaid submissions, let the petitioner, in the event of his arrest or surrender before the

Patna High Court Cr.Misc. No.20899 of 2015 (2) dt.11-08-2015 Court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in connection with Gopalganj P.S. Case No. 413 of 2014 arising out of Complaint Case No. 2521 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Anjana Mishra, J) Jagdish/- U T