Rishu Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60329 of 2017 Arising Out of PS.Case No. -370 Year- 2016 Thana -KOTWALI District- MUNGER ======================================================

1. Rishu Kumar, S/o Ravindra Kumar Sah,

2. Shubham Kumar S/o Bijendra Kumar Sah, Both R/o Village- Chhoti Mirjapur, P.S.- Kasim Bazar, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anurag Saurav For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-01-2018 Heard the learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in connection with Kotwali PS case no. 370 of 2016 registered for the offences punishable under Section 379 of the Indian Penal Code. The case of the prosecution is that the motorcycle of the informant was stolen by unknown persons when he had parked in front of ATM and had gone to ATM to withdraw cash. The learned counsel for the petitioner submits that the petitioner is non-FIR named accused persons and, in fact, no recovery has been made from his conscious possession or from his house. In fact, the stolen motorcycle was recovered from one Manish Kumar who, in his confessional statement, stated that the

Patna High Court Cr.Misc. No.60329 of 2017 (4) dt.31-01-2018 2/2 petitioner was one of his accomplices. It is further submitted that in the said case in which the said Manish Kumar was apprehended, the petitioner herein has been made an accused and barring the said case, he has a clean antecedent. Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the court concerned within six weeks from the date of receipt/production a copy of this order, the petitioners above named are directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial magistrate, Munger in connection with Munger Kotwali PS case no. 370 of 2016, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T