Basant Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43009 of 2015 Arising Out of PS.Case No. -246 Year- 2015 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. BASANT PRASAD Son of Sri Chokat Prasad @ Chokat Mahto Resident of Village - Jamuniya, Nawka Tola, P.S.-Jagdishpur, Dist.-West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. L.K.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-10-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

The prosecution case is that on 30.06.2015 jewellary worth Rs. 1,00,000/- and cash Rs. 15,000/- were stolen from the house of the informant. In the morning the police came and asked the informant to locate the accused, thereafter the informant came to know that the theft was committed by the petitioner and one Manoj Prasad. The petitioner had taken dinner in the house of the informant on the alleged date of occurrence. It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.43009 of 2015 (2) dt.15-10-2015 petitioner that for the occurrence of 30.06.2015 the First Information Report was registered on 10.07.2015, whereas in the morning police came at the house of the informant, but no F.I.R. was lodged, hence only on suspicion the accusation has been levelled. There is no recovery from the possession of the petitioner. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sri N.P. Singh, Judicial Magistrate, Ist Class, Bettiah, West Champaran in connection with Nautan (Jagdishpur) P.S. Case No. 246 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T