Jitendra Kumar@Jitendra Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30742 of 2018 Arising Out of PS.Case No. -188 Year- 2017 Thana -SHEKHPURA District- SEKHPURA ====================================================== Jitendra Kumar @ Jitendra Chouhan S/o Pintu Chouhan, R/o Vill.- Matibigha, P.O. P.S.-Mafi, P.S.- Asthawan, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 18-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 379 of the Indian Penal Code.

The prosecution case as per the written report of Bipin Kumar dated 08.05.2017 submitted to the Station House Officer, Shiekhpura Town P.S. is to the effect that the informant is the employee of the Post office and on 08.05.2017 he went to the Sheikhpura Main Post Office to collect the posts while parking his Splendor Plus motorcycle, but when he came out of the post office he found his motorcycle to be missing. It is also

Patna High Court Cr.Misc. No.30742 of 2018 (2) dt.18-05-2018 alleged that the many postal documents were kept in the carry box of the motorcycle, leading to registration of FIR against unknown. The name of the petitioner sprang up during investigation.

It is submitted by learned counsel for the petitioner that there is no recovery from the petitioner and coaccused Ram Murti Kumar has been granted anticipatory bail vide Cr. Misc. No. 31864 of 2017. A statement has been 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 during investigation.

Considering the fact that the name of the petitioner sprang up during investigation and there is no recovery from the petitioner coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with

Patna High Court Cr.Misc. No.30742 of 2018 (2) dt.18-05-2018 Sheikhpura P.S. Case No. 188 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T