Kalanand Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22220 of 2018 Arising Out of PS.Case No. -861 Year- 2017 Thana -FORBESGANJ District- ARRARIA ====================================================== Kalanand Das, S/o late Satto Mandal, resident of village-Majhua, P.S.- Forbesganj, District-Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh, Advocate For the State : None ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner. Despite repeated calls no body appears on behalf of the State. The petitioner seeks pre-arrest bail in connection with Forbesganj P.S. Case No.861 of 2017 registered under Section 414 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that save and except the statement of Pappu Mandal in which he has stated that he sold two stolen motorcycles to the petitioner on payment of rupees twenty thousand, there is no other material against the petitioner in the first information report. He submitted that neither any stolen article has been recovered from possession of the petitioner nor from his house. He contended that no search of the house of the petitioner has been made in course of

Patna High Court Cr.Misc. No.22220 of 2018 (2) dt.26-04-2018 2/2 investigation and simply on the basis of vague statement of the accused in course of investigation the petitioner is apprehending his arrest. He contended that the petitioner has no criminal antecedent and having roots in the society is not likely to abscond or tamper with the evidence. He contended that other accused persons having more serious allegation have already been granted bail by different Benches of this Court.

Considering the nature of allegation and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No.861 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T