Raj Kumar @ Raj Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37906 of 2018 Arising Out of PS. Case No.-30 Year-2017 Thana- BAGHA District- West Champaran ====================================================== Raj Kumar @ Raj Kumar Mahto, S/o- Jailal Mahto, R/o MohallaNaurangabad, P.S.- Bettiah Town, District- West Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar No.-7, Adv.

For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 457 and 380 of the I.P.C.

The prosecution case, as per the written report of Rajesh Prasad submitted to the Station House Officer, Bagaha Police Station is to the effect that on 16.01.2017, theft was committed in the house of the informant when thieves took

Patna High Court Cr.Misc. No.37906 of 2018(2) dt.05-07-2018 2/3 away LED TV, Mobile Phone and a Micro Tech Invertor leading to the registration of FIR against unknown persons. The name of the petitioner sprang up after fifteen months of the occurrence since the location of the mobile of the petitioner was found around the place of occurrence at the relevant time. It is submitted by the learned counsel for the petitioner that only on the basis of suspicion, the petitioner has been roped in the present case. The petitioner is neither named in the F.I.R. nor any recovery has been made from him. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent. Learned A.P.P. submits that the name of the petitioner sprang up during investigation.

Considering the suspicious nature of accusation, coupled with the statement made in paragraph no.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/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 like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bettiah, West

Patna High Court Cr.Misc. No.37906 of 2018(2) dt.05-07-2018 3/3 Champaran, in connection with Bagaha Police Station Case No.30 of 2017, subject to the condition laid down under Section 438 (2) of Cr. P. C.

(Dinesh Kumar Singh, J) Amrendra/- U T