Akhilesh Patel And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19155 of 2015 Arising Out of PS.Case No. -320 Year- 2014 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Akhilesh Patel Son of Kari Patel,

2. Pappu Mahto Son of Hira Mahto, Both are Resident of Village- Pandey Tola Ward No. 10, P.S.- Muffasil, District- West Champarn. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. B.M.P.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-07-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 379, 411, 414, 467, 468, 471/34 of the Indian Penal Code. The informant being Manager of Bharti Infrastructure, a telecommunication services company informed the police that solar plates of the tower have been stolen and one accused Chandrakishore Mahto has been caught with one motorcycle. The police reached on the spot and on disclosure of Chandrakishore Mahto four solar plates were recovered from sugar cane field who suggested the name of the petitioners and others.

It is submitted by learned counsel for the petitioners that nothing has been recovered from the petitioners

Patna High Court Cr.Misc. No.19155 of 2015 (2) dt.07-07-2015 2/2 and except confession of the co-accused there is nothing on record to suggest the complicity of the petitioners. Moreover the informant has compromised with co-accused and co-accused Chandrakishore Mahto has been granted regular bail by learned Court below.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatiya P.S. Case No. 320 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The bail bonds of the petitioners shall be accepted on filing affidavit that they will cooperate in the investigation. Non-cooperation in the investigation will give liberty to the prosecution to file appropriate application for cancellation of bail bonds of the petitioners. (Dinesh Kumar Singh, J) Shageer/- U T