Aashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43597 of 2019 Arising Out of PS. Case No.-59 Year-2016 Thana- SHRI NAGAR District- Madhepura ====================================================== Aashish Kumar, Son of Gulabchandra Yadav, Resident of Village-Koriyapatti, Police Station-Jadiya, District-Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Verma For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Srinagar P.S. Case No. 59 of 2016 registered under Section 379/34 of the Indian Penal Code.

The accusation is that the informant, Niraj Kumar, being the contractor of Techno Five Company, Madhepura, had kept the articles of electric in Urdu Middle School, Chainpur. When he returned on 27.10.2016, at about 10 A.M., then found that electric articles were stolen. Thereafter, he made query to his labourer, Mantu Kumar then after giving much pressure, Mantu Kumar, disclosed about committing theft with the help of Pawan Kumar but he did not disclose about the place in which

Patna High Court CR. MISC. No.43597 of 2019(2) dt.16-07-2019 2/2 theft materials were kept.

Learned counsel for the petitioner submits that on the basis of written report of informant, Niraj Kumar, Srinagar P.S. Case No. 59 of 2016 is instituted against Mantu Kumar and Pawan Kumar but in course of investigation, the police got recorded the confessional statement of Mantu Kumar, who disclosed the name of this petitioner but nothing has been recovered from the house of this petitioner. Further submission is that petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-II, Madhepura, in connection with Srinagar P.S. Case No. 59 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T