Dabloo Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9496 of 2018 Arising Out of PS. Case No.-129 Year-2017 Thana- UDAKISHANGANJ DistrictMadhepura ====================================================== Dabloo Mandal ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar For the Opposite Party/s :
Mr. SRI RAMESH CHANDRA ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-02-2018 Heard learned counsels for the parties.
The petitioner is apprehending arrest in a case registered for the offences punishable under section 379 of the IPC. The prosecution case as per the informant Prakash Kumar is that on 14.8.2017 at 9.30 P.M. when the informant after parking his motorcycle bearing registration number BR-11J - 5194 on the road, went inside his house but after 10 -15 minutes he came and found that his motorcycle was missing. It is further alleged that motorcycles of two other persons have been stolen. Subsequently, the motorcycle of the informant was recovered from co-accused Ishwar Mandal who in his confession, named the petitioner.
It is submitted by learned counsel for the petitioner that there is no recovery from the petitioner. Statement has been
Patna High Court Cr.Misc. No.9496 of 2018(2) dt.17-02-2018 2/2 made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP submits that the name of the petitioner sprang up in the confessional statement of co-accused. Considering the fact that no recovery has been made from the petitioner and his name surfaced in the confession of coaccused, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Udakishunganj in connection with Udakishunganj P.S. Case No.129 of 2017 subject to the conditions laid down in Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U