Mantu Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.638 of 2019 Arising Out of PS. Case No.-153 Year-2018 Thana- KURTHA District- Jehanabad ====================================================== Mantu Kushwaha, S/o Ram Vilash Mahto @ Ramvilash Singh, Resident of village- Heeraman Bigha, P.S.- Parasbigha, District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Kant Singh For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-01-2019 The petitioner seeks bail in anticipation of his arrest in connection with Kurtha P.S. Case No. 153 of 2018, dated 23.08.2018, instituted for the offences under Sections 461, 379 and 411/34 of the Indian Penal Code. Mobile telephone peripherals are alleged to have been stolen from the shop of the informant. One person was arrested, who disclosed his name as Vikash Kumar Ravidas. On further probe from him, he disclosed the name

Patna High Court Cr.Misc. No.638 of 2019(2) dt.17-01-2019 2/3 of the petitioner. The name of the petitioner has also transpired in the statement of local persons who intimated the informant that he too was accompanying aforesaid Vikash Kumar Ravidas but, somehow or the other, he managed to escape.

The learned counsel for the petitioner has submitted that such statement is incorrect. The petitioner was not arrested on the spot and he does not have any criminal antecedents.

Since the implication of the petitioner in the present case is only on the basis of confession and the statement made by the local persons at the time of arrest of aforesaid Vikash Kumar Ravidas, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with

Patna High Court Cr.Misc. No.638 of 2019(2) dt.17-01-2019 3/3 Kurtha P.S. Case No. 153 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Praveen-II/- U T