Bigu Jaishwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 38365 of 2016 Arising Out of PS.Case No. -382 Year- 2014 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bigu Jaishwal son of Mahendra Jaiswal, Resident of Village- Ghorasahan, Police Station Ghorasahan, District East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

17-09-2016 Heard Sri Ajay Kumar Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Ghorasahan P.S. Case No. 382 of 2014 registered for offence under Sections 413, 414, 34 of the Indian Penal Code, has prayed for grant of bail in the event of his arrest or surrender. By way of referring to F.I.R., it was submitted by learned counsel for the petitioner that only on the basis of disclosure made by one of the co-accused, who was apprehended and from whose possession, some of the stolen watches were recovered, the petitioner has been made accused. He submits that nothing has been recovered from conscious possession of the petitioner.

Patna High Court Cr.Misc. No.38365 of 2016 (2) dt.17-09-2016 2/2 Keeping in view the nature of accusation as well as the fact that petitioner's name has come on the basis of confession of one of the accused, the Court is of the opinion that it is a fit case for extending the privilege of anticipatory bail. Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Bigu Jaishwal 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 Sub Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No. 382 of 2014, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J.) Anay U T