Chanchal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67333 of 2019 Arising Out of PS. Case No.-139 Year-2018 Thana- ALOULI District- Khagaria ====================================================== 1.

Chanchal Kumar Son of Jagdeo Singh Resident of Village - Mohraghat Bind Toli, P.S.- Alauli, Distt.- Khagaria.

2.

Sanjeet Kumar Son of Sulo Singh Resident of Village - Mohraghat Bind Toli, P.S.- Alauli, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner no. 2 and learned A.P.P for the State.

The petitioner no. 2 apprehends his arrest in Alauli P.S. Case No. 139 of 2018 G.R. No. 1168/2018, registered for the offence punishable under Sections 457, 380 of the Indian Penal Code.

The informant alleged that on 07.05.2019 at about 1.15 a.m., while he along with family members was sleeping in the house, he heard some noise, thereafter, he got up and saw the accused persons including the petitioners were committing theft in his shop. On alarm, some people gathered and they tried to catch the thieves, but petitioners fled away with a box and

Patna High Court CR. MISC. No.67333 of 2019(4) dt.05-03-2020 2/2 one person namely, Nandu Singh was apprehended on the spot. The box which was taken away by the petitioners contained cash and ornaments.

It is submitted that petitioner has falsely been implicated in this case merely on suspicion. No stolen article has been recovered from possession of the petitioner. Petitioner has got clean antecedent.

Considering the facts aforesaid, Sanjeet Kumar petitioner no. 2, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Alauli P.S. Case No. 139 of 2018 G.R. No. 1168/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T