Niraj Kumar @ Niraj Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.50484 of 2016 (3) dt.28-01-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50484 of 2016 Arising Out of PS.Case No. -213 Year- 2016 Thana -CHANDAULI District- GAYA ======================================================
1. Niraj Kumar @ Niraj Yadav Son of Bhola Yadav, Resident of MohallaNew Godown, Pahshi, P.S.- Kotwali, District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Saxena For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
The petitioner is apprehending his arrest in connection with Chandauti P.S. Case No. 213 of 2016 registered for the offence punishable under Sections 457 and 380 of the Indian Penal Code.
3.
Accusation is of theft of ornaments amounting to Rs. 7-8 lakh and cash of Rs. 400,000/-.
4.
Learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R. rather the entire F.I.R. has been lodged against unknown persons. Merely, on the confession of co-accused, this petitioner has falsely been implicated in this case. No recovery has been made from the conscious possession of
Patna High Court Cr.Misc. No.50484 of 2016 (3) dt.28-01-2017 the petitioner nor he has got any criminal antecedent. The petitioner happens to be a student of graduation and deserves the privilege of anticipatory bail.
5.
Considering the facts and circumstances of the case and the nature of allegation, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of C.J.M., Gaya in connection with Chandauti P.S. Case No. 213 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Arvind Srivastava, J) brajesh/- U