Bose @ Ashutosh Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34774 of 2020 Arising Out of PS. Case No.-343 Year-2019 Thana- KHIJARSARAI District- Gaya ====================================================== BOSE @ ASHUTOSH RANJAN, Son of Uday Yadav @ Uday Kumar, Resident of Village- Takiya, P.O.- Arjun Sarthua, Police Station- Khudaganj, District- Nalanda ... Petitioner

Versus

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

For the Petitioner :

Mr. Gajendra Kumar Singh, Adv.

For the Opposite Party :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-03-2021 As prayed for, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide it's note, dated 14.12.2020, within four weeks of starting of the Court proceeding in physical mode properly.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Khizarsarai P.S. Case No. 343 of 2019, registered under Sections 461 and 379 of the Indian Penal Code. The accusation is of theft of 200 wheat packets from the shop of informant, Vipin Kumar, in between 13.12.2019 to 18.12.2019 and during that period informant had gone to his sasural.

Submission is that it would appear that on the basis of the fardbeyan of the informant, Vipin Kumar, Khizarsarai P.S.

Patna High Court CR. MISC. No.34774 of 2020(2) dt.23-03-2021 2/2 Case No. 343 of 2019 was instituted after 12 days of the occurrence. In course of investigation, one Sanjay Sao was apprehended, who confessed his guilt about purchasing the wheat packets from this petitioner, except that no intangible material has been collected by the investigating officer against the petitioner and the petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Khizarsarai P.S. Case No. 343 of 2019 shall be released 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 the Additional Chief Judicial Magistrate, IV, Gaya, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T