Binay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37916 of 2018 Arising Out of PS. Case No.-391 Year-2017 Thana- DEEPNAGAR District- Nalanda ====================================================== Binay Kumar S/o Sidheshwar Prasad, R/o Vill.- Jorarpur , Post- Pachauri, P.S.- Deepnagar, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Nath Jha For the Opposite Party/s :
Mr. S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code.
The accusation against the petitioner is that he was seen taking away a laptop from the room of the sister of the informant. Subsequently it was found that the laptop, Rupees Two Thousand, one gold chain and a mobile phone were missing from the bag of the sister of the informant. It is submitted by learned counsel for the petitioner that petitioner is next door neighbour of the informant and he has maliciously been roped in the present case. There is no recovery from the petitioner.
Patna High Court Cr.Misc. No.37916 of 2018(2) dt.05-07-2018 2/2 Learned APP submits that name of the petitioner surfaced during investigation and the investigation is still going on.
Considering the fact that accusation has been levelled in the background of the informant being neighbour of the petitioner and statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail till conclusion of the investigation, in the event of arrest or surrender within six weeks 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, Nalanda in connection with Deepnagar P.S. Case No. 391 of 2017, subject to the conditions laid down in Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) anil/- U