Umesh Ray @ Umesh Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35344 of 2020 Arising Out of PS. Case No.-200 Year-2019 Thana- HATHAURI District- Muzaffarpur ====================================================== UMESH RAY @ UMESH KUMAR RAY Son of Rambriksh Ray Resident of Village- Berai, P.S.- Hathauri, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-03-2021 Heard both sides.

The petitioner apprehends his arrest in Hathauri P.S. case No. 200/2019 registered under Section 414/34 of the IPC. The informant alleged that he got information that one Rohit Kumar @ Rohit Paswan was carrying stolen articles for sale on such Rohit Kumar was apprehended with a bag containing stolen articles. Rohit Kumar is said to have disclosed the name of Rahul Paswan, Chandan Kumar, Umesh Ray and Roshan Kumar @ Poshan and save and except confessional statement of Rohit Kumar there is no material to show the involvement of the petitioner. Annexure-2 is the FIR of Hathuri P.S. case No. 199/2019 lodged by Bablu Kumar against unknown for theft in his shop. There is no material to show that petitioner committed theft in the shop of Babloo Kumar. No

Patna High Court CR. MISC. No.35344 of 2020(2) dt.19-03-2021 2/2 stolen articles is recovered from the possession of the petitioner. Similarly situated accused Raushan Kumar @ Poshan has already been granted anticipatory bail vide order dated 10.12.2020 passed in Cr. Misc. No. 29674/2020. Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that similarly situated accused has already been granted anticipatory bail, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Dipak Kumar, learned Judicial Magistrate, 1st class, Muzaffarpur in connection with Hathauri P.S. case No. 200/ 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T