Raj Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43459 of 2017 Arising Out of PS.Case No. -61 Year- 2017 Thana -HAJIPUR SADAR District- VAISHALI (HAJIPUR) ======================================================

1. Raj Kumar Rai, Son of Girja Rai, Resident of Village- Daud Nagar, P.S. Bidupur, District- Vaishali (Sadar), Hajipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Anita Kumari Singh For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-09-2017 The learned counsel for the petitioner is permitted to make correction in paragraph-1 and prayer portion of the petition with regard to the fact that case is pending in the court of Chief Judicial Magistrate but in the paragraph-1 and prayer portion it has been mentioned as in the court of Sessions Judge. Heard both sides.

The petitioner apprehends his arrest in Hajipur Sadar P.S. case No. 61 of 2017 for the offences punishable under Section 414/34 of the Indian Penal Code.

The informant alleged that he got secret information about keeping of stolen articles at a particular place. On such the informant and other police officials went and apprehended one

Patna High Court Cr.Misc. No.43459 of 2017 (2) dt.19-09-2017 2/2 Rajkumar Das and on his disclosure 249 pouches of refined oil were recovered. Rajkumar Das is said to have disclosed the name of the petitioner.

The learned counsel for the petitioner submits that petitioner is also a driver. The petitioner has got enmity with Rajkumar Das that is why Rajkumar Das named the petitioner in the case but no stolen article has been recovered from the possession of the petitioner.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner above named in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. case No. 61 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T