Bishuraj Singh @ Dragan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53842 of 2018 Arising Out of PS. Case No.-157 Year-2018 Thana- SONO District- Jamui ====================================================== Bishuraj Singh @ Dragan, Son of Rajendra Singh, Resident of Pipradih, Near Bus Stand, P.S. Jhajha, District- Jamui. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Satya Prakash Parasar For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 392 of the Indian Penal Code. The prosecution case, in short, is that on 8.6.2018 the informant was going to his home by Apache motorcycle and in the meantime one pulser motorcycle overtook him ridden by four persons and taken away his two mobiles, Rs.5500/- and motorcycle.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner

Patna High Court Cr.Misc. No.53842 of 2018(3) dt.20-11-2018 2/2 has come on the basis of confessional statement of co-accused Mithu Kumar. Mobile phones along with motorcycle are alleged to have been recovered from the house of the petitioner. The description of the motorcycle and the mobile phone, as disclosed in the F.I.R., do not tally with the details given in the seizure list. Hence the alleged recovered articles cannot be alleged to be looted articles.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Jamui in connection with Sono P.S. case No.157 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T