Rajesh Kumar @ Niruhua @ Rajesh Kumar Niruhua And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29738 of 2018 Arising Out of PS. Case No.-53 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ======================================================

1. Rajesh Kumar @ Niruhua @ Rajesh Kumar Niruhua, Son of Shankar Paswan

2. Kundan Paswan, Son of Ajay Pasawan, Both resident of Village- Bajitpur, P.S.- Muffasil, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Informant :

Mr. Shubhesh Pandey, Advocate For the State :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2018 Heard learned counsel for the petitioners, learned counsel for the informant and the State.

The petitioners apprehend arrest in Muffasil P.S. Case No. 53 of 2018 instituted for the offence under Sections 457,379 of the IPC.

Counsel for the petitioners submits that both the parties are next door neighbour and the occurrence has taken place on 24.01.2018 and FIR has been lodged on 30.01.2018 without any valid explanation.

In the written report, it is alleged that when the informant had gone to market these petitioners entered into the house after breaking the lock, and committed theft. The informant returned back to her house, then saw both the petitioners were running away from his house.

Patna High Court Cr.Misc. No.29738 of 2018(2) dt.15-05-2018 2/2 From the written report itself, it is apparent that there is no any recovery from possession of the petitioners. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners, named above, in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Muffasil P.S. Case No. 53 of 2018 to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, subject to condition as laid down u/S 438 (2) of the Cr. P.C. with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioners shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) khushbu/- U T