Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75099 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- DEWARIA District- Muzaffarpur ====================================================== ANAND KUMAR Son of Suresh Rai Resident of Village- Pandeh, P.S.- Paroo, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Deoriya P.S. Case No. 64 of 2019, instituted for the offence under Section(s) 356 and 382 of the Indian Penal Code.

It is submitted by the petitioner's counsel that petitioner is neither named in the F.I.R. nor any incriminating article recovered from his possession and he has not been put on Test Identification Parade nor he was made any confession before any Authority and so far recovery of one pair golden looking ear tops on 05.06. 2019 from house of petitioner is concerned, it is not a stolen article rather it is property of petitioner's wife as well as it has not been put on Test Identification Parade. It is relevant to mention here that the petitioner remanded in the instant case on

Patna High Court CR. MISC. No.75099 of 2019(2) dt.25-11-2019 2/3 09.08.2019 though alleged aforesaid recovery of stolen incriminating article had already made on 05.06.2019 from the house of petitioner on the basis of an alleged confession made by him in connection with Paroo P.S. Case No.234 of 2019 and this fact alone is sufficient to prove the false accusation of the petitioner in this case.

Petitioner is in custody in connection with the instant case since 09.08.2019.

Learned APP for the State opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, be released 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 Judicial Magistrate 1st Class, Muzaffarpur, in connection with Deoriya P.S. Case No. 64 of 2019,, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail

Patna High Court CR. MISC. No.75099 of 2019(2) dt.25-11-2019 3/3 bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T