Umesh Singh @ Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31806 of 2016 Arising Out of PS.Case No. -104 Year- 2016 Thana -KARAHGAR District- SASARAM (ROHTAS) ====================================================== Umesh Singh @ Umesh Yadav S/o Sri Sanmukh Singh, resident of Village- Kargahar, P.S.- Kargahar, District- Rohtas. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 24-08-2016 Heard Sri Surendra Kishore Thakur, learned counsel for the petitioner and Sri Ram Naresh Ray, learned Addl. Public Prosecutor.

The sole petitioner, who is not named in the F.I.R., apprehends his arrest in Kargahar P.S. Case no.104/2016 registered for the offence under Section 379 of the Indian Penal Code.

It was submitted by learned counsel for the petitioner that the informant being Chowkidar in the F.I.R. has raised suspicion against one Ritesh. However, in the re-statement, he stated regarding involvement of the petitioner. He submits that there is no sufficient material for implicating the petitioner. It was submitted by learned counsel for the petitioner that the

Patna High Court Cr.Misc. No.31806 of 2016 (2) dt.24-08-2016 2/2 investigation is still continuing.

Keeping in view the fact disclosed in the F.I.R. as well as considering the material available on record, the Court proposes to extend the privilege of anticipatory bail to the petitioner. Accordingly, let the petitioner, namely, Umesh Singh @ Umesh Yadav , in the event of his arrest or surrender within six weeks from today, 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 the learned Addl. Chief Judicial Magistrate, Rohtas at Sasaram in connection with Kargahar P.S. Case No.104/2016 subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. It is further made clear that during investigation, if sufficient material is found against the petitioner and the petitioner is forwarded as an accused in the chargesheet, his bail bound shall stand automatically cancelled. Thereafter, the petitioner will have to appear before the court below and make a prayer for regular bail.

(Rakesh Kumar, J) NKS/- U T