Sanny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40127 of 2018 Arising Out of PS.Case No. -602 Year- 2017 Thana -PATRAKARNAGAR District- PATNA ======================================================

1. Sanny Kumar, S/o Suresh Ray, Resident of Village- Rustampur, P.S.- Raghopur, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Patrkar Nagar P.S.Case No.602 of 2017 , registered for offences punishable under Sections 461 and 379 of the Indian Penal Code. Allegation against the petitioner as per FIR is that the shop of the informant was broken and somebody has committed theft inside his shop. The petitioner is not named in the FIR and later on his name transpired during the investigation of the case. Submission of the learned counsel for the petitioner is that except confessional statement of the co-accused, nothing has come against the petitioner and there is no recovery and he has no criminal antecedent also.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.40127 of 2018 (2) dt.11-07-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM X, Patna in connection with patrkar Nagar P.S.Case no.602 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T