Mukesh Chandra v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45100 of 2018 Arising Out of PS.Case No. -453 Year- 2014 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================

1. Mukesh Chandra S/o Prabhakar Sinha, R/o Mohalla- Hajipur, Ward No. - 18, P.O./P.S./ District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ajay Kumar S/o Late Chandra Prakash Gupta, R/o Mohalla- Hajipur, Ward No. 10, Netaji Gali, P.O./P.S./District- Khagaria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Chandra, Advocate For the Opposite Party/s : Mr. Ahtash Ali Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Complaint P.S. Case No. 453 C/2014, registered for offences punishable under Sections 147, 148, 341, 323, 465, 417, 149 and 379 of the Indian Penal Code.

As per F.I.R., allegation against the petitioner along with others is of committed theft on the point of licensee rifle and on the order of one Shambhu Kumar, co-accused Pankaj Kumar threatened to kill the complainant and also snatched away golden chain and Rs. 2000/-. It is further alleged that the petitioner along with other co-accused under conspiracy, executed the sale

Patna High Court Cr.Misc. No.45100 of 2018 (2) dt.01-08-2018 2/3 deed of already sold land in favour of co-accused, Shambhu Singh.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and he has no concern with the land in question. It is further submitted that the allegation of theft is not specific and the petitioner had no knowledge regarding any sale deed of the year 1981. Learned A.P.P.opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, surrenders 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 learned Chief Judicial Magistrate, Khagaria in connection with Complaint Case No. 453 of 2014, subject to the conditions as laid down under Section 438

(2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) Sudha/- U T

Patna High Court Cr.Misc. No.45100 of 2018 (2) dt.01-08-2018 3/3