Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44711 of 2019 Arising Out of PS. Case No.-665 Year-2018 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== SANTOSH KUMAR Son of Late Nand Kishore Sah R/O Mohalla - Balughat, P.S.- Town, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-07-2019 The petitioner apprehends his arrest in connection with Muzaffarpur Town P.S. Case No. 665 of 2018 registered under Sections 457 and 380 of the Indian Penal Code. The prosecution case as per the FIR is that informant had gone to Delhi for treatment of his wife on 21.07.2018 and when he returned back on 08.09.2018, another lock was found on his door which he got open anyhow and when entered into the house, he saw that key of the almirah, which he had kept beneath of his bed, was used to open the almirah and ornaments and cash were stolen away with the help of that key. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence in the manner as alleged. He further submits that name of the petitioner has been

Patna High Court CR. MISC. No.44711 of 2019(2) dt.19-07-2019 2/2 disclosed by co-accused in his confessional statement and the petitioner has got no criminal antecedent and during the course of investigation, no incriminating material has been found against the petitioner.

After having heard learned counsel for the parties and taking into consideration the fact that no stolen property has been recovered from the possession of the petitioner and further his name has surfaced on the basis of statement of co-accused, I am inclined to grant anticipatory bail to the petitioners. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Muzaffarpur Town P.S. Case No. 665 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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