Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48470 of 2018 Arising Out of PS.Case No. -327 Year- 2017 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ======================================================

1. Anil Kumar S/o Vijay Thakur @ Vijay Sharma, R/o Vill.- Tinrukhia, P.S.- Hilsa, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Arun, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-08-2018 . Heard the parties. The petitioner seeks anticipatory bail in connection with Chandi P.S.Case No. 327 of 2017, registered for offences punishable under Sections 406 and 120 (B) of the Indian Penal Code.

As per F.I.R., allegation against the petitioner is of committing theft in Mata Sushila Institute of Education and later on it has come to knowledge that petitioner in connivance with other accused persons, misappropriated the money. Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and entire prosecution story is totally false and concocted. It is also submitted that save and except there is nothing against the

Patna High Court Cr.Misc. No.48470 of 2018 (2) dt.24-08-2018 2/2 petitioner to connect the alleged offence and the petitioner has no criminal antecedent. It is also submitted that the similarly situated co-accused person has been granted privilege of bail by a Coordinate Bench of this Court vide order dated 27.04.2018 passed in Cr. Misc. No. 17775 of 2018.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named on surrender or arrest within six weeks be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Hilsa in connection with Chadi P.S.Case No. 327 of 2017, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) Sudha/Ranjeet U T