Bittu Sah @ Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44541 of 2015 Arising Out of PS.Case No. -44 Year- 2015 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Bittu Sah @ Bittu Kumar Son of Naresh Prasad Sah Resident of Village - Bhadash, P.S.- Mufffasil, District - Khagaria .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 16-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner prays for anticipatory bail in connection with Khagaria (Chitragupta Nagar) P.S. Case No.44 of 2015 registered under Section 379 of the Indian Penal Code. It is submitted by learned counsel for the petitioner that the F.I.R. was filed against unknown accused persons with regard to theft of a motorcycle of the informant but subsequently on the basis of a confessional statement made in another case, being Khagaria P.S. Case No.90/2015 in which also the petitioner was subsequently made accused by another co-accused of the said case, the name of the petitioner has come up in the present matter. It is further submitted by learned counsel for the petitioner that in other case, the petitioner has already been

Patna High Court Cr.Misc. No.44541 of 2015 (2) dt.16-10-2015 released on bail on the basis of a compromise filed by the parties in which the informant has stated that the case was wrongly filed due to misconception.

On a consideration of the facts and circumstances of the case, it is directed that the petitioner, Bittu Sah alias Bittu Kumar, in the event of his arrest/surrender in the court below within four weeks from today, shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in connection with Khagaria (Chitragupta Nagar) P.S. Case No.44 of 2015 dated 22.01.2015, G.R. No.199/2015, subject to the other conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ramesh Kumar Datta, J) V.P.Sinha/- U