Santaresh Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47873 of 2017 Arising Out of PS.Case No. -301 Year- 2015 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Santaresh Shukla, Son of Prabhunath Shukla, Resident of VillageRampurwa, P.S.- Chanpatiya, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 17-10-2017 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 380 of the Indian Penal Code.

The prosecution case is that the relative of the informant, Rambabu Sah left his motorcycle at the house of the informant, which the informant parked along with his motorcycle in the premises of his house, but next morning both the motorcycles were found missing. The name of the petitioner sprang up during investigation on the confession of Jamuna Yadav.

It is submitted by learned counsel for the petitioner that there is no recovery from the petitioner. A

Patna High Court Cr.Misc. No.47873 of 2017 (2) dt.17-10-2017 2/2 statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the fact that the name of the petitioner sprang up on the confession of co-accused coupled with the statement made in paragraph 3 of the petition that the petitioner has no criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, West Champaran at Bettiah in connection with Chanpatia P.S. Case No. 301 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The learned Court below will be at liberty to cancel the bail bonds of the petitioner, if he fails to co-operate in the investigation or fails to appear before the learned Court below on two consecutive occasions.

DKS/- (Dinesh Kumar Singh, J) U T