Govinda Mahto @ Kankata @ Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75628 of 2018 Arising Out of PS. Case No.-423 Year-2017 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Govinda Mahto @ Kankata @ Govind Kumar, Son of Madan Mahto, resident of Village- Kuldeep Nagar, P.S.- Chapra Mufassil, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 379 of the I.P.C.

The prosecution case as per the written report of Arjun Ram submitted to the S.H.O., Chapra Mufassil P.S. is to the effect that the cow and calf of the informant were stolen leading to registration of FIR against the petitioner. During investigation the name of the petitioner sprang up, when the witnesses saw the petitioner near the place of theft in suspicious condition. It is further submitted that other witnesses saw the petitioner along with other co-accused taking away the animals. It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.75628 of 2018(2) dt.16-01-2019 2/2 petitioner that only on the basis of suspicion the accusation has been levelled against the petitioner. It is further submitted that no recovery was made from the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by the learned APP for the State that the name of the petitioner sprang up during investigation. Considering the nature of accusation based merely on suspicion, 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 the like amount each to the satisfaction of the learned C.J.M., Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 423 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T