Saurav Kumar @ Angrez v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60409 of 2023 Arising Out of PS. Case No.-165 Year-2022 Thana- ASARGANJ District- Munger ====================================================== 1.

Saurav Kumar @ Angrez Son Of Kailash Saw Vill Saraswati Mandir Ps Asarganj Distt Munger 2.

Sonu Kumar Son Of Mankaj Kumar Sah @ Mankaj Kumar Vill Saraswati Mandir Ps Asarganj Distt Munger 3.

Pamma Kumar Son Of Late Bulti Saw R/O Vill - Milki Tola, P.S. - Asarganj, Distt. - Munger ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Najmul Hoda, Advocate For the Opposite Party :

Mr. Dinesh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-10-2023 Learned counsel for the petitioners submits that petitioner No. 1, namely, Saurav Kumar @ Angrez has been arrested during the pendency of the case and he wants to withdraw this application on behalf of petitioner No. 1.

2. Accordingly, this application only on behalf of petitioner No. 1 is dismissed as withdrawn.

3. Heard learned counsel for the petitioners and learned A.P.P. for the State.

4. The petitioners apprehend arrest in connection with Asarganj P.S. Case No. 165 of 2022 dated 02.11.2022, instituted for the offence punishable under Sections 457/380 of the Indian

Patna High Court CR. MISC. No.60409 of 2023(2) dt.16-10-2023 2/3 Penal Code.

5. The case of prosecution, in short, is that on 31.10.2022, at about 5:30 A.M., all the family members of the informant went to perform 'Chhat festival' at Bedi Durga Mandir, Asarganj. When they returned all the household articles were scattered in their house and they found some articles including cash and gold items were missing.

6. Learned counsel for the petitioners submits that the petitioners are innocent and they have falsely been implicated in this case. It is submitted that the petitioners are not named in the F.I.R. and only on the basis of suspicion and after investigation the petitioners have been made accused in this case. It is further submitted that nothing has been recovered from the conscious possession/house of the petitioners. It is further submitted that the petitioners are working as labourers in Delhi and also live there. Lastly, it has been submitted that the petitioners have no criminal antecedents.

7. Learned A.P.P. has opposed the prayer for bail of the petitioners.

8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest/surrender of petitioner Nos. 2 & 3 within a period

Patna High Court CR. MISC. No.60409 of 2023(2) dt.16-10-2023 3/3 of six weeks from today, in connection with Asarganj P.S. Case No. 165 of 2022, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Munger, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Shanu/- U T