Sanjit Chaudhari @ Sanjit Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23170 of 2018 Arising Out of PS.Case No. -141 Year- 2017 Thana -GWALPARA District- MADHEPURA ======================================================

1. Sanjit Chaudhari @ Sanjit Pasi S/o Lalo Chaudhari @ Lalo Pasi, R/o Vill.- Reshna, P.S.- Gwalpara, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-04-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 379 of the IPC The prosecution case as per the written report dated 7.10.2017 by Md. Jamaluddin is to the effect that on 5.10.2017 in the night, batteries were stolen from his Swaraj Tractor and Mahindra Tractor. The informant enquired from the neighbouring people, it was acknowledged that the petitioner and one unknown person were roaming in front of the informant's house at around 11.30 P.M.

It is submitted by learned counsel for the petitioner that only on thebasis of suspicion, accusation has been levelled against the petitioner. Statement has been made in paragraph No.3 that the

Patna High Court Cr.Misc. No.23170 of 2018 (2) dt.26-04-2018 2/2 petitioner is not having any criminal antecedent. On the other hand, the learned A.P.P. has submitted that the petitioner is named in the FIR and vehemently opposed the prayer for bail.

Considering the facts aforesaid and the fact that there is a delay of two days in lodging the FIR, FIR was lodged on 7.10.2017, while date of occurrence is 5.10.2017, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Udakishunganj, Madhepura in connection with Gwalpara (Arar) P.S. Case No.141 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) Sanjeev/- U T