Himanshu Kumar @ Himanshu Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50381 of 2016 Arising Out of PS.Case No. -87 Year- 2016 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ====================================================== Himanshu Kumar @ Himanshu Raj Son of Rajeshwar Singh, R/o village - Babhandi, P.S. Nasriganj, Distt. Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s : Smt. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 379 of the Indian Penal Code. The prosecution case, in brief, is that on the alleged date and time of occurrence while the informant was riding his Passion Pro motorcycle bearing registration No. BR-24M/8517 and reached near Central Bank and leaving the motorcycle there he went to some another place and when he returned after half an hour his motorcycle was not there. He suspected that his motorcycle has been stolen away by someone.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court Cr.Misc. No.50381 of 2016 (2) dt.25-11-2016 2/2 tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on the confessional statement of co-accused. He has not been put on Test Identification Parade. There is no recovery of any incriminating article from the possession of the petitioner. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bikramganj, District Rohtas in connection with Bikramganj P.S. case No.87 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T