Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45660 of 2018 ======================================================

1. Niraj Kumar S/o Garibnath Shah R/o Village - Madhopur, P.S. - Motipur, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Motipur P.S. Case No. 91 of 2018, registered for offences punishable under Sections 379, 511, 401 and 414/34 of the Indian Penal Code.

As per F.I.R., allegation against the petitioner is of theft of electric wire from the pole near the railway signal. Submission of the learned counsel for the petitioner is that the petitioner has been named only on the basis of confession of co-accused, Pankaj Kumar and no materials are available against the petitioner to show his complicity in the present case. It is further submitted that the petitioner has no criminal antecedent. Learned A.P.P. opposes the prayer for bail.

Patna High Court Cr.Misc. No.45660 of 2018 (2) dt.02-08-2018 2/2 Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, surrenders be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, West Muzaffarpur in connection with Motipur P. S. Case No. 91 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) Sudha/- U T