Sumit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46668 of 2019 Arising Out of PS. Case No.-26 Year-2018 Thana- RIVILGANJ District- Saran ====================================================== SUMIT KUMAR SINGH, aged about 20 years, Sex-Male, Son of Surendra Singh Resident of Village - Sengar Tola, Mubarkpur, P.S.- Revilganj, District - Saran at Chapra.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Narendra Kumar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-07-2019 Heard both sides.

The petitioner apprehends his arrest in Revilganj P.S. Case No.26 of 2018 registered under Sections 457 and 380 of the Indian Penal Code.

The informant lodged the case against unknown for theft in his house in which mobile and cash were stolen away. The learned counsel for the petitioner submits that petitioner is not named in the F.I.R. The name of the petitioner figured in the case in the confessional statement of Sanket Kumar Singh. Sanket Kumar Singh was running an electronic shop and from his shop, the stolen mobile was recovered. Sanket Kumar Singh disclosed that he purchased the mobile from the petitioner. It is submitted that save and except the

Patna High Court CR. MISC. No.46668 of 2019(2) dt.29-07-2019 2/2 confessional statement of co-accused, there is no material against the petitioner to show that the petitioner ever committed any theft. Petitioner has got no criminal antecedent. Taking into consideration the fact that name of the petitioner surfaced in the case in the confessional statement of co-accused from whose shop stolen mobile was recovered and nothing has been recovered from the possession of the petitioner and petitioner has got no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Pramod Ranjan, learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Revilganj P.S. Case No.26 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T