Jitendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31242 of 2018 Arising Out of PS. Case No.-470 Year-2017 Thana- HARSIDHI District- East Champaran ====================================================== Jitendra Prasad, son of Nandlal Prasad, resident of Village- Nirpur, Police Station- Paharpur, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-06-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Harsidhi P.S. Case No. 470 of 2017 dated 02.12.2017 instituted for the offences under Sections 380 and 461 of the Indian Penal Code. A burglary had been committed in the ITI campus in the night. The miscreants had entered the campus and had taken away Rs. 5500/- kept in the drawer of a table and also assaulted the night guard. The FIR was registered on the basis of the aforesaid statement of the informant against unknown. During the course of investigation, some suspicion was raised against the petitioner who was posted as Night Guard in the ITI campus. However, later, on coming to know that

Patna High Court Cr.Misc. No.31242 of 2018(3) dt.28-06-2018 2/2 there was no basis for suspecting the petitioner, the informant has effected a settlement with him. Learned counsel for the petitioner has submitted that the petitioner happens to be a poor Night Guard who was assaulted and has also been unnecessarily been made accused.

The petitioner does not have any criminal antecedent.

Considering the aforesaid facts, the petitioner above named is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Harsidhi P.S. Case No. 470 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T