Ayshwrya Kumar @ Bibhu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29428 of 2020 Arising Out of PS. Case No.-404 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Ayshwrya Kumar @ Bibhu, S/o Shashi Bhushan Prasad Singh Resident of Village- Morsand, P.S.- Runnisaidpur, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Jha, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail in connection with Runnisaidpur P.S. Case No.404 of 2019 registered under sections 457 and 380 of the Indian Penal Code.

As per allegation in the FIR, the door/office of the Finance Company was broken and a sum of Rs.34.21 lacs approx was found stolen.

It is submitted by learned counsel for the petitioner that the petitioner was not named in the FIR. His name transpired in course of investigation in the statement of one Anand Kumar, made seven months after the occurrence before the police. However, the said Anand Kumar did not name the petitioner in his statement under section 164 Cr.P.C. No

Patna High Court CR. MISC. No.29428 of 2020(3) dt.08-01-2021 2/2 recovery of any incriminating article took place as a result of the said confessional statement. The aforesaid Anand Kumar is himself a a psychiatric patient.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties, and in view of the facts and circumstances of the case, including the submissions made on behalf of the petitioner and the petitioner having no criminal antecedent, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Runnisaidpur P.S. Case No.404 of 2019 he will be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) Prakash Narayan /- U T