Prakash Kumar Mahto @ Prakash Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.76259 of 2018 Arising Out of PS. Case No.-483 Year-2018 Thana- KATIHAR District- Katihar ====================================================== Prakash Kumar Mahto @ Prakash Mehta, Son of Shantnu Kumar Mehta @ Kalu, Resident of Driver Tola, Katihar, P.S.- Nagar, District- Katihar. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Mandal For the Opposite Party/s :
Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 457 and 380 of the I.P.C.
The prosecution case is that on 20.07.2018 the cash and ornaments kept in the almirah were missing. It is further alleged that in the intervening night of 20/21.07.2018, when she had gone to attend nature's call then the petitioner along with other co-accused persons committed theft in her house. It is submitted by learned counsel for the petitioner that the petitioner is own nephew of the informant and in the background of some dispute, the accusation has been levelled. It is further submitted that there is no eye witness of the
Patna High Court Cr.Misc. No.76259 of 2018(2) dt.17-01-2019 2/2 occurrence.
It is submitted by the learned APP for the State that the petitioner is also involved in two other criminal cases on which he is on bail.
Considering the nature of accusation based on mere suspicion, let the above named petitioner be released on anticipatory bail in the event of arrest/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 the learned CJM, Katihar in connection with Nagar P.S. Case No. 483 of 2018 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Deepak/Rahul/- U T