Upendra Rajbanshi @ Upendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28751 of 2021 Arising Out of PS. Case No.-665 Year-2020 Thana- AKBARPUR District- Nawada ====================================================== Upendra Rajbanshi @ Upendra Ram S/O Banwari Rajbanshi Resident Of Village Kumhar, Ps Akbarpur, District Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379, 411 of the Indian Penal Code.

The prosecution case as per F.I.R is that the informant being Secretary of the Durga Puja Samiti has

Patna High Court CR. MISC. No.28751 of 2021(2) dt.04-02-2022 2/3 alleged that on 24.10.2020, in the premises of Durga Mandap the music instruments were stolen away which were being used on the occasion of Chhat Puja and when the informant enquired from the villagers, they informed that the said instruments were hired on rent from the petitioner.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in the present case as nothing has been recovered from the conscious possession of the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada

Patna High Court CR. MISC. No.28751 of 2021(2) dt.04-02-2022 3/3 in connection with Akbarpur P.S. Case No. 665 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T