Rajesh Kumar Sultania @ Rajesh Sultania v. The State Of Bihar

Patna High Court Cr.Misc. No.52084 of 2016 (2) dt.21-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52084 of 2016 Arising Out of PS.Case No. -404 Year- 2016 Thana -KHAGARIA District- KHAGARIA ====================================================== Rajesh Kumar Sultania @ Rajesh Sultania S/o Late Bhagwan Das Sultania Resident of Mohalla - Murgiachak, P.S. & District - Khagaria. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rakesh Chandra, Advocate For the Opposite Party : Mr. Sri Manoj Kumar - 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner prays for anticipatory bail in connection with Khagaria PS case no. 404 of 2016 registered for the offences punishable under Sections 341, 323, 448, 380/34 of the Indian Penal Code.

The allegation against the petitioner is that he has stolen three cartoons of link locks.

It has been submitted on behalf of petitioner that he has been falsely implicated in this case. Annexure-2 to the petition shows that prior to this occurrence, petitioner has already lodged a case alleging that some unknown persons entered into the house and took many articles. It is further submitted that

Patna High Court Cr.Misc. No.52084 of 2016 (2) dt.21-12-2016 complaint petition has also been lodged by the petitioner against informant of this case on 12.05.2016 whereas present case has been lodged on 25.06.2016 and petitioner has no criminal antecedent.

Learned A.P.P. could not controvert aforesaid fact. Considering the facts and circumstances of the case and submissions advanced, let the abovenamed petitioner, in the event of his arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Khagaria PS case no. 404 of 2016 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J.) rinkee/- U T