Ghantu @ Ghantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24826 of 2019 Arising Out of PS. Case No.-85 Year-2018 Thana- NAYAGAON District- Begusarai ====================================================== Ghantu @ Ghantu Kumar S/o Ram Ikwal Singh Resident of Village Mahendrapur, P.S.- Nayagaon, District Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sada Nand Roy For the Opposite Party/s :

Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Nayagawn P.S. Case no. 85 of 2018 registered under Sections 414, 379/34 of the Indian Penal Code. Co-accused Deepak Kumar was apprehended while carrying the stolen transmission wire of electricity on the pickup van while five accused persons managed to escape from the vehicle seeing the police party and said Deepak Kumar named the petitioner as one of his fleeing accomplice in the occurrence. It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. No incriminating article has been recovered from conscious

Patna High Court CR. MISC. No.24826 of 2019(2) dt.17-04-2019 2/2 physical possession of the petitioner. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the disclosure made by Deepak Kumar due to animosity. Petitioner has no criminal antecedent. Similarly situated co-accused, namely, Sanjeet Kumar has been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 14.03.2019 passed in Cr. Misc. No. 16067 of 2019. On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-IV, Begusarai in connection with Nayagawn P.S. Case no. 85 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) rohit/- U T