Shailesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65199 of 2018 Arising Out of PS. Case No.-253 Year-2017 Thana- BAHADURPUR District- Patna ====================================================== Shailesh Kumar Son of Late Dinesh Rai Resident of Dih Pagra Dalsing Sarai, P.S. Dalsing Sarai Distt.-Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kameshwar Singh For the Opposite Party/s :
Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-12-2018 Heard learned counsels for the parties.
The petitioner is apprehending arrest in a case registered for the offences punishable under Section 380 of the IPC. The prosecution case as per the written report of Chhotu Singh submitted before the SHO, Bahadurpur Police Station is to the effect that the petitioner and co-accused Vikki Kumar and Subhash Kumar used to work as a cook in the hotel of the informant. On 11.12.2017, when the informant came home, the petitioner and the aforesaid two co-accused persons were not found there and subsequently the informant came to know that Rupees Twenty Nine Thousand has been stolen by the accused persons.
It is submitted by learned counsel for the petitioner that for the occurrence of 11.12.2017, the FIR has been registered on
Patna High Court Cr.Misc. No.65199 of 2018(2) dt.13-12-2018 2/2 14.12.2017 and the accusation is based only on suspicion. It is further submitted that since there was dispute between the petitioner and the informant with regard to the payment of wages, the present case has been lodged against the petitioner. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Considering the nature of accusation and delayed lodging of the case, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Patnacity in connection with Bahadurpur P.S. Case No. 253 of 2017 subject to the conditions laid down in Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) anil/- U