Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56765 of 2018 Arising Out of PS. Case No.-3 Year-2018 Thana- NTPC District- Bhagalpur ====================================================== Gautam Kumar S/o Bholi Sah @ Bhola Sah, R/o Vill.- Shyampur, P.S.- Kahalgaon, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyam Kishor Das For the Opposite Party/s :

Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 457 and 380 of the Indian Penal Code. The prosecution case, in short, is that the unknown accused persons have stolen the articles from the shop of the informant.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The F.I.R. is against unknown. The petitioner has not been put on T.I.P. The stolen dining table is alleged to have been recovered from the house of the petitioner. The said stolen property has also not been put on T.I.P.. It is a common

Patna High Court Cr.Misc. No.56765 of 2018(2) dt.08-10-2018 2/2 house hold article.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur in connection with Kalalgaon N.T.P.C. P.S. Case No. 3 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T