Srikant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22413 of 2022 Arising Out of PS. Case No.-267 Year-2020 Thana- ARWAL District- Jehanabad ====================================================== Srikant Kumar S/o Nagrik Chaudhary Resident of Village- Arwal Sipah, P.S.- Arwal, District- Arwal ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjay Kumar Singh, Advocate.
For the Opposite Party/s :
Mr.Ajay Kumar Jha, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Arwal P.S. Case No. 267 of 2020 registered for the offences under Sections 457 and 380 of the Indian Penal Code. As per allegation, on 20.05.2020 the informant went to hospital for the treatment of her husband and returned on 23.08.2020 in the evening and when she unlocked the main gate of her house and entered into her house then found the locks of all the inner rooms of her house were broken and ornaments which had been purchased for marriage of informant's daughter,
Patna High Court CR. MISC. No.22413 of 2022(2) dt.03-08-2022 2/3 were found missing and some important academic documents of her daughter were also found missing and the informant suspected the petitioner and two co-accused persons being involved in the alleged theft.
The main submissions advanced by learned counsel Ranjay Kumar Singh for the petitioner are that the petitioner has been languishing in jail since 22 December, 2021, admittedly there is no eye witness of the alleged occurrence of theft and the informant has simply raised suspicion against the petitioner in the FIR and two co-accused persons namely Baja Kumar and Nawab Alam carrying similar nature of allegation have been granted bail by the Court below and after arrest the police could not recover any stolen article from the possession of the petitioner and accordingly against the petitioner there is no evidence except the suspicion raised by the informant in the FIR. Further submission is that petitioner is a resident of the village of the informant.
Learned APP Ajay Kumar Jha appearing for the State has opposed the bail prayer.
In view of above submissions and mainly considering the petitioner's plea that after his arrest any stolen ornament or other article was not recovered from petitioner's possession and
Patna High Court CR. MISC. No.22413 of 2022(2) dt.03-08-2022 3/3 in the FIR the informant has only raised suspicion against the petitioner and admittedly, the petitioner is a co-villager of the informant, in my view a lenient approach can be taken in respect of petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in Connection with Arwal P.S. Case No. 267 of 2020. (Shailendra Singh, J.) sangam/- U T