Anish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49316 of 2019 Arising Out of PS. Case No.-317 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== ANISH KUMAR aged about 20 years (Male) son of Suraj Yadav, Resident of Village-Jurabganj, P.S.-Korha, District-Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Ms. Veena Rani Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Khagaria P.S. Case No. 317 of 2019, instituted for offence under Section 379 of Indian Penal Code.

The prosecution case, as per written report is that on 14.05.2019 informant alongwith his friend namely, Mahendra Mandal, had withdrawn Rs. 99,000/- from S.B.I., M.G. Road, Khagaria. One fair coloured boy aged about 20 years was keeping eye on him. The informant kept money in dickey of motorcycle and proceeded to purchase seed after parking his motorcycle at S.D.O. Road. The petitioner found that the boy, who was keeping eye on him was present near his motorcycle. The informant came back after sometime and found the dickey of his motorcycle was broken and his money was missing. It is

Patna High Court CR. MISC. No.49316 of 2019(2) dt.14-08-2019 2/2 further alleged that he made search of that boy. He saw that boy on 16.05.2019 waiting at chowk. The informant informed the police and on the basis of written report of the informant, Khagaria P.S. Case No. 317 of 2019, was registered under Section 379 of Indian Penal Code.

Learned counsel for the petitioner submits that there is no recovery of any article from the conscious possession of petitioner. The petitioner is in custody since 17.05.2019. Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Khagaria P.S. Case No. 317 of 2019, subject to the conditions that both the bailors shall be the close relatives of the petitioner.

(Sanjay Priya, J) kamlesh/- U T