Rakesh Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59579 of 2019 Arising Out of PS. Case No.-346 Year-2016 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== RAKESH GIRI Son of Suraj Giri Resident of Mohalla- Gaushala Chowk, P.S.- Rajnagar, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Madhubani Town P.S. Case No.346 of 2016/G.R. No.2072 of 2016/T.R. No.2092 of 2017 registered under Sections 457 and 380 of the Indian Penal Code.

The accusation is that on 05.10.2016 in the morning, the informant along with his family had gone to his house. In the night of that date, ornaments worth of Rs.7,00,000/-, cash Rs.18,000/- and two mobiles, kept in almirah, were stolen, after breaking the lock of the grill of the house.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. as on the basis of the written

Patna High Court CR. MISC. No.59579 of 2019(2) dt.20-09-2019 2/2 report of the informant, the present case has been lodged against unknown. In course of investigation, one co-accused Ajay Kumar Das was apprehended, on mere suspicion, by the police, who confessed his guilt about committing the theft in the house of the informant, disclosing the name of the petitioner and others as his associates. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, in connection with Madhubani Town P.S. Case No.346 of 2016/G.R. No.2072 of 2016/T.R. No.2092 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T