Rabbi Choupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68932 of 2018 Arising Out of PS. Case No.-132 Year-2015 Thana- Jhanjharpur District- Madhubani ====================================================== Rabbi Choupal son of Baukoo Choupal, Resident of Village-Gangauli P.S.- Pandaul, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Soban Asghar, Advocate For the Opposite Party/s :

Mr. Madhuranand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Jhanjharpur P.S. Case No.132 of 2015 registered under Section 414 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that though the petitioner is named in the FIR, there is no recovery of any incriminating article either from the house of the petitioner or from his house. His name has been given in the FIR only because when recovery of two inverters and one printer was made from the house of co-accused Gopal Kumar, he disclosed that he had purchased those articles from the petitioner on payment of rupees three thousand. It is further contended that the aforesaid contention of the co-accused is

Patna High Court Cr.Misc. No.68932 of 2018(6) dt.19-12-2018 2/2 baseless and false and has been made before the police with ulterior motive.

Learned counsel for the State has opposed the application for grant of pre-arrest bail.

Considering the facts and circumstances of the case, the petitioner, who is reported to be of clean antecedent, is directed to 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 learned A.C.J.M., Jhanjharpur in connection with Jhanjharpur P.S. Case No.132 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure in the event of his arrest or surrender before the court below within six weeks from today. (Ashwani Kumar Singh, J) Md. S/- U T