Bechan @ Baichan @ Mubarak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71082 of 2019 Arising Out of PS. Case No.-140 Year-2019 Thana- ARARIA District- Araria ====================================================== Bechan @ Baichan @ Mubarak Son of Md. Faruque, Resident of Village - Koshkipur, P.S.- Bairgachhi, District - Araria ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for State.

The petitioner in this case is seeking anticipatory bail in connection with Araria (Bairgachhi) P.S. Case No. 140 of 2019 registered for the offences punishable under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR, his name has transpired in the confessional statement of the co-accused namely Md. Munajir from whose shop the laptop has been recovered. It is further submitted that petitioner was an employee in the shop of the co-accused and has no criminal antecedent and there is no recovery from the house of this petitioner.

Learned APP for the State is present and has opposed

Patna High Court CR. MISC. No.71082 of 2019(2) dt.11-12-2019 2/3 the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case, wherein this petitioner is though not named in the FIR, his name has been transpired in the confessional statement of the coaccused namely Md. Munajir from whose shop the laptop has been recovered and further that so far as this petitioner is concerned he is said to be an employee in the shop of the coaccused and is having no criminal antecedent and there is no recovery from the house of this petitioner, let the petitioner in the event of his arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria (Bairgachhi) P.S. Case No. 140 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade

Patna High Court CR. MISC. No.71082 of 2019(2) dt.11-12-2019 3/3 him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) vats/ved U T