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Patna High CourtCR. MISC./43500/2021allowed

Rajeev Kumar Singh v. The State Of Bihar

2022-04-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43500 of 2021 Arising Out of PS. Case No.-100 Year-2017 Thana- CHAKIA District- East Champaran ====================================================== Rajeev Kumar Singh Son Of Bashishtha Narayan Singh R/O VillageProfessor Colony, Chakiya, P.S- Chakiya, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 379 of the Indian Penal Code.

As per FIR, someone has broken the lock of the school and theft 9 bags of rice.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is the husband of the informant and only to humiliate the petitioner, this false story has been crafted by the staff of the informant. He submits that the rice recovered from the house of the petitioner belongs to him and the FIR has been lodged against unknown person. He further submits that petitioner

Patna High Court CR. MISC. No.43500 of 2021(2) dt.11-04-2022 2/2 has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail and submits that the recovery has been made from the house of the petitioner.

Petitioner is agreed to deposit a sum of Rs. 5,000.00 (Rupees Five Thousand) in the District Welfare Fund, Motihari. Considering the facts and circumstances of the case, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chakiya P.S. Case No. 100 of 2017, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 5,000.00 (Rupees Five Thousand) in the District Welfare Fund, Motihari. (Anjani Kumar Sharan, J) devendra/- U T