Dipak Kumar Nag @ Deepak Kumar Nag v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61920 of 2023 Arising Out of PS. Case No.-6 Year-2023 Thana- OBRA District- Aurangabad ====================================================== Dipak Kumar Nag @ Deepak Kumar Nag, Son of Late Shiv Kumar Prasad, R/o Obra Town, P.S. - Obra, District - Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uma Kant Mishra, Advocate For the Opposite Party/s :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Obra P.S. Case No. 06 of 2023 registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.
3. As per prosecution case, the informant alleged that at 3.30 A.M., he arose and went to bathroom he saw that the petitioner was going out from his house and lock of the room and outer door of the ground floor were open and when he went into the room he found that from his bag and Almirah Rs. 4,00,000/- (Rs. Four lac) and jewellery amounting to Rs. 70,000/- (Rs. Seventy thousand) were stolen.
Patna High Court CR. MISC. No.61920 of 2023(2) dt.16-10-2023 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The mother of the petitioner was working in the house of the informant as maid but she left the household job of the informant earlier and due to that reason, the informant levelled this false allegation against the petitioner. It is further submitted that no stolen article has been recovered from possession of the petitioner and the FIR was lodged after 17 hours without any plausible reason and he is ready to cooperate in the investigation and trial. Petitioner has one criminal antecedent due to land dispute in which he is on bail.
5. Learned APP opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with
Patna High Court CR. MISC. No.61920 of 2023(2) dt.16-10-2023 3/3 Obra P.S. Case No. 06 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Sunil Dutta Mishra, J) khushbu/- U T