Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65246 of 2018 Arising Out of PS. Case No.-3 Year-2015 Thana- SAKRA District- Muzaffarpur ====================================================== Gulshan Kumar Son of Shiv Kumar Thakur @ Gonu Thakur Resident of Village-Bahrampur,Dubaha Buzurg,P.S. Sakra, Distt.-Muazaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

The prosecution case as per the written report of Rakesh Kumar dated 02.01.2015 submitted to the Station House Officer of Sakra Police Station is to the effect that the informant runs a grocery shop and on 02.01.2015 at 7.00 A.M., when he had gone to open his shop he found that the both the locks of his shop were broken and from the shop several grocery articles were stolen worth Rs.75,000/-, leading to registration of FIR against unknown.

It is submitted that by learned counsel for the

Patna High Court Cr.Misc. No.65246 of 2018(2) dt.13-12-2018 2/2 petitioner that nothing has been recovered from the possession of the petitioner, statement to that effect has been made in paragraph 14 of the petition and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the name of the petitioner sprang up during investigation.

Considering the suspicious nature of accusation coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge XIIIth -cum- A.C.J.M., Muzaffarpur in connection with Sakra P.S. Case No. 03 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T