Narendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57642 of 2021 Arising Out of PS. Case No.-45 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== NARENDRA SINGH Son of Late Beni Madhav Singh Resident of MohallaChurch Road, Kistan Toli, P.S.- Bettiah Town (Kalibagh O.P.), District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Kumar Dwivedy For the Opposite Party/s :

Mr.Nawal Kishore Prasad Mr. Bhola Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-06-2022 Heard learned counsel for the petitioner, the State and the informant.

Petitioner apprehends his arrest in a case registered for the offence punishable under Section 379/406 of the Indian Penal Code.

As per the prosecution case, informant is tenant of the petitioner and it is alleged that petitioner committed theft of electronic articles kept in the shop of informant by damaging the roof of the shop.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.57642 of 2021(2) dt.30-06-2022 2/3 case. Informant had taken the shop from petitioner on the basis of registered Kirayanama/ lease on 04.06.2010 which was expired in the year 2015 but the informant was not vacating the shop and in order to put pressure this false case has been filed. It is submitted that after lapse of three days inventory of goods/ seizure list had been prepared by the police and the goods were kept in the shop of petitioner and the police also took possession of the shop for that petitioner has filed an application before the S.P. Bettiah on 13.08.2020 much prior to lodging of present FIR. Petitioner has got clean antecedent.

Learned counsel appearing for the State and the informant opposed the prayer for anticipatory bail and submitted that theft articles were recovered from the shop of this petitioner.

Considering the facts of the case, nature of accusation, clean antecedent of the petitioner and the dispute between the parties and also the fact informant is none else than tenant of petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall 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 Chief Judicial Magistrate, West Champaran,

Patna High Court CR. MISC. No.57642 of 2021(2) dt.30-06-2022 3/3 Bettiah in connection with Bettiah Town (Kalibag O.P.) PS case No.45/2021, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T