Dilip Kumar Soni v. The State Of Bihar

Patna High Court Cr.Misc. No.25501 of 2015 (3) dt.21-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25501 of 2015 Arising Out of PS.Case No. -130 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Dilip Kumar Soni, Son of Kameshwar Prasad Soni, resident of villageVishunpur, P.S. Begusarai Town, District- Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Umanath Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 457 and 380 of the Indian Penal Code. It is alleged by the informant that he had gone on 07.03.2015 at 5 in the evening to Samastipur to attend a marriage ceremony after locking his house. In the night, the unknown thieves entered into the house after breaking the lock of the house and took away cash Rs.7,000/- ornaments of gold and silver and other articles. In the morning he received information from his neighbour regarding theft then he came from Samastipur and found the articles missing.

It has been submitted on behalf of the petitioner that the petitioner has made accused due to mistake of fact. Petitioner

Patna High Court Cr.Misc. No.25501 of 2015 (3) dt.21-09-2015 is not named in the FIR. His name appeared on the basis of the confessional statement of a co-accused. No incriminating article is said to have been recovered from the possession of the petitioner.

It has been submitted on behalf of the State that the petitioner is not named in the FIR and his name has come during the course of investigation.

Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai in connection with Begusarai Town P.S.Case No.130 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sudhir Singh, J) B.Kr./- U T