Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 74821 of 2018 Arising Out of PS. Case No.-366 Year-2017 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Sachin Kumar, Son of Sone Lal Paswan, Resident of Village- Musepur, P.S.- Kalyanpur, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in a case registered under Section 379 of Indian Penal Code.

It is submitted by the petitioner's counsel that allegation against the petitioner is of stealing the mobile phone of the informant. It is further submitted that the informant's mobile phone was returned by the father of the petitioner prior to the instant case. There is no criminal case against the petitioner. Petitioner has been implicated falsely on extraneous considerations and personal grudge of the informant. Considering the aforesaid submissions and the facts and circumstances of the case, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.74821 of 2018(2) dt.19-12-2018 2/2 allowed. Let the petitioner above named, in the event of his arrest or surrender within four weeks from today, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate V, Samastipur in Mufassil Police Station Case No 366 of 2017 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code and also with the following conditions:

(1) 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.

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

(Madhuresh Prasad, J) M.E.H./- U T