Janakdev Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16831 of 2022 Arising Out of PS. Case No.-358 Year-2021 Thana- NOORSARAI District- Nalanda ====================================================== 1.

JANAKDEV PRASAD SON OF LATE RAMSHARAN PRASAD RESIDENT OF VILLAGE- CHARUIPAR, P.S. NOORSARAI, DISTRICTNALANDA, PIN NO. 803113 2.

ASHISH KUMAR @ ASHISH PANDIT SON OF SRI KISHORI PANDIT RESIDENT OF VILLAGE- CHARUIPAR, P.S. NOORSARAI, DISTRICTNALANDA, PIN NO. 803113 3.

JAISAL KUMAR @ JAISHAL KUMAR SON OF SRI JANAKDEV PRASAD RESIDENT OF VILLAGE- CHARUIPAR, P.S. NOORSARAI, DISTRICT- NALANDA, PIN NO. 803113 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashish, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, AP.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 457 and 380/34 of the Indian Penal Code.

The informant alleges that on 30.10.2021 he had gone to Jamshedpur with his family members, further on next day he was informed about theft in his house, accordingly he came back and found that the lock was broken and the thieves had committed theft of jewellery worth Rs.11 lakhs along with other articles as detailed in the FIR. It is next alleged that informant

Patna High Court CR. MISC. No.16831 of 2022(2) dt.22-09-2022 2/3 suspects that it were petitioner nos. 1 and 2 who were involved in the occurrence as small portion of the bag was found on the roof of the petitioner no. 1.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that from bare perusal of the allegation as alleged in the FIR, it would manifest that the petitioners and the informant are neighbours, it is next submitted that based on suspicion it is alleged that it were the petitioners who might have committed the occurrence. Learned counsel next submits that if petitioners are denied bail based on suspicion that would amount to travesty of justice when admittedly they are neighbours. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where

Patna High Court CR. MISC. No.16831 of 2022(2) dt.22-09-2022 3/3 the case is pending/successor court in connection with Noorsarai P.S. Case No. 358 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) gauravkr/- U T