Santosh Kumar @ Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65157 of 2023 Arising Out of PS. Case No.-110 Year-2023 Thana- ARIYARI District- Sheikhpura ====================================================== Santosh Kumar @ Bittu Kumar Son of Krishna Mahto @Krishan Mahto Resdient Of Village- Vidyapur @ Bidhapur, Husenabad, Ps- Ariyari @ Ariari, Distt- Sheikhpura.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. N. K. Agarwal, Sr. Advocate :

Mr. Roop Kishan, Advocate :

Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-10-2023 Heard Mr. N. K. Agarwal, learned Sr. counsel along with Mr. Roop Kishan, Advocate appearing on behalf of the petitioner and Mr. Humayou Ahmad Khan, learned APP for the State.

2. The petitioner seek pre-arrest bail in connection with Ariyari P.S. Case No. 110 of 2023 dated 15.04.2023 registered for the offence punishable under Sections 379, 411, 427 and 34 of the Indian Penal Code.

3. Allegation has been made in the FIR that all the named accused persons, including the present petitioner, stole C.I. Iron pipes worth Rs. 38,000/- belonging to the Informant.

4. Learned counsel appearing on behalf of the petitioner submits that due to enmity the present case has been lodged against the petitioner. He further submits that on mere suspicion petitioner has been made accused in the present case.

Patna High Court CR. MISC. No.65157 of 2023(2) dt.17-10-2023 2/2 He also submits that the stolen pipes were found near roadside and have already been recovered. Learned counsel submits that antecedent of the petitioner is also clean.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR, as well as, the fact that the stolen articles have been recovered from roadside, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Sheikhpura in connection with Ariyari P.S. Case No. 110 of 2023 dated 15.04.202, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J.) Ashishsingh/- U T