Arun Mandal @ Arun Kr. Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41630 of 2019 Arising Out of PS. Case No.-174 Year-2018 Thana- LAKHNAUR District- Madhubani ====================================================== Arun Mandal @ Arun Kr. Mandal, son of Late Mohan Mandal, Resident of village-Adalpur Ward No.11, Nagar Panchayat Jhanjharpur, P.S.-Jhanjharpur R.S., Distt.-Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Nath Yadav For the Opposite Party/s :

Mr.Veena Kumari Jaiswal Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Lakhanour P.S. Case No.174 of 2018 corresponding to G.R. No.1242 of 2018 for the offence punishable under Sections 461, 379 of the Indian Penal Code.

The prosecution case as per the First Information Report is that informant was running a hardware shop, namely, Shambhavi Enterprises and when he opened his shop in the morning, the door of his shop was opened and all things were displaced and Rs. 35,000/- cash and one laptop and wi fi router were stolen. On the basis of CCTV footage inside the shop, it was found that one Ranjet Kumar Das had entered into the shop

Patna High Court CR. MISC. No.41630 of 2019(2) dt.05-07-2019 2/3 of informant. The petitioner is not named in the FIR and his name has come on the basis of confessional statement of Ranjeet Kumar Das.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated inasmuch as the articles were stolen by Ranjeet Kumar Das as would be evident from the CCTV footage and the stolen laptop was recovered from the possession of one Ranjit Kumar Das and the petitioner's name has surfaced mainly on the basis of statement of Ranjit Kumar Das that he had purchased the laptop from the petitioner. After having heard learned counsel for the petitioner as well as learned counsel appearing for the State and taking into consideration the fact that no recovery of stolen article has been made from the possession of the petitioner and the petitioner's name has come on the basis of confessional statement of one co-accused, I am inclined to grant anticipatory bail to this petitioner.

Accordingly, the petitioner is directed to surrender before the learned Court below within a period of four weeks and in the event of surrender by the petitioner, the petitioner shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two

Patna High Court CR. MISC. No.41630 of 2019(2) dt.05-07-2019 3/3 sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Ist, Jhanjharpur, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T