Vijay @ Vijay Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39765 of 2018 Arising Out of PS. Case No.-4 Year-2018 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Vijay @ Vijay Das S/o Late Manu Mistry @ Manu Das, R/o Vill.- Goura Chouri, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indeshwari Prasad Mandal For the Opposite Party/s :

Mr. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-07-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 381 of the IPC. The prosecution case as per the written report dated 3.1.2018 submitted by Santosh Kumar Sah to the SHO, Premdhar Singh, Kotwali Police Station, is to the effect that on 1.1.2018, while the informant was shifting in the new house, the informant and his wife kept the gold chains worth Rupees One Lac under a pillow, but in the morning, the gold chains were found missing and the domestic help, namely, Vijay (petitioner) fled away and when he was contacted on his mobile phone, it responded switched off. It is submitted by learned counsel for the petitioner that only on suspicion, the petitioner has been roped in as an accused in the present case. There is no recovery from the petitioner. Statement has been made in paragraph 3 of the petition that the

Patna High Court Cr.Misc. No.39765 of 2018(2) dt.10-07-2018 2/2 petitioner is not having any criminal antecedent. It is further submitted that petitioner is not a domestic help of the informant , rather he is mason and maliciously the petitioner has been made accused.

Considering the nature of accusation and keeping in view the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhagalpur in connection with Kotwali P.S. Case No.4 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U