Chandrashekhar @ Chandeshwar @ Chand @ Salauddin @ Md. Salauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53457 of 2024 Arising Out of PS. Case No.-497 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== Chandrashekhar @ Chandeshwar @ Chand @ Salauddin @ Md. Salauddin S/O Lalbabu Mansuri Resident Of Mohalla-Islampur, P.S- Riga, District -Sitamarjhi.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate Ms.Divya Bharti, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, named in the F.I.R., and is apprehending his arrest in connection with Sitamarhi P.S. Case No. 497 of 2022 registered for the offences punishable under Sections 461 and 379 of the Indian Penal Code. He has two criminal antecedent as stated in paragraph '3' of the application.

3. The allegation against the petitioner is to commit theft in the shop of the informant alongwith other coaccused persons, where one mobile, which belongs to the informant, alleged to be recovered from possession of co-

Patna High Court CR. MISC. No.53457 of 2024(2) dt.28-08-2024 2/3 accused namely, Dina Nath Gond.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is falsely implicated with the present case only on the basis of disclosure made by coaccused Dina Nath from whom alleged stolen mobile was recovered. It is submitted that co-accused Dina Nath was arrested by private person and the mobile in issue which was said to be stolen was also seized by informant/private person himself on the very next date of occurrence.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. In view of the aforesaid factual submissions as save and except disclosure of co-accused, nothing appears incriminating against this petitioner, accordingly, abovenamed petitioner, in the event of his arrest/surrender within a period of four weeks from today, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi/concerned court in connection with Sitamarhi P.S.

Patna High Court CR. MISC. No.53457 of 2024(2) dt.28-08-2024 3/3 Case No. 497 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Chandra Shekhar Jha, J.) Rajeev/- U T