Ganesh Kumar @ Sheo Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31142 of 2015 Arising Out of PS.Case No. -90 Year- 2014 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ganesh Kumar @ Sheo Shankar Kumar S/O Pratap Singh R/O village - Bara Jai Ram, P.S. Chiraiya, District - East Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ramakant Yadav, Advocate.

For the Opposite Party : Mr. T.P.Mandal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379 and 34 of the Indian Penal Code.

The informant alleged that while he had gone to bank for withdrawal of his pension amount two persons cut the bag and took away Rs. 26,000/- from his bag. It is alleged that one of accused was apprehended on the spot and who disclosed his name as Amit Kumar. Amit Kumar disclosed the name of the petitioner. It is submitted that the police after investigation submitted final form finding the case false on the ground that Amit Kumar has wrongly disclosed the name of the petitioner as he got enmity with the petitioner, but the learned court below took

Patna High Court Cr.Misc. No.31142 of 2015 (2) dt.31-07-2015 2/2 cognizance.

Considering the facts aforesaid, the petitioner above named, in the event of his arrest or 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 furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Sikrahana at Motihari in Dhaka P.S. Case No. 90 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T