Alok Kumar @ Alok Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 80981 of 2019 Arising Out of PS. Case No.-81 Year-2015 Thana- SAHARSA District- Saharsa ====================================================== ALOK KUMAR @ ALOK KHAN Son of Dhrub Narayan Khan @ Chhotki Nunu Resident of Village - Bangaon, P.S.- Bangaon, Distt - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 10-12-2019 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.

On the basis of confessional statement of co-accused, it is submitted that petitioner has been implicated in this case of theft wherein the information was lodged against unknown persons. The petitioner's implication has not led to any recovery and the petitioner has clean antecedent. Learned APP for the State has opposed the prayer. Considering the rival submissions, this Court is inclined to accept the submission of the petitioners' counsel. Let the petitioner above named, in the event of his

Patna High Court CR. MISC. No.80981 of 2019(2) dt.10-12-2019 2/2 arrest or surrender, 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 Judicial Magistrate, 01st Class, Saharsa in Saharsa Sadar Police Station Case No 81 of 2015 subject to the conditions as laid down in Section 438 (2) of Criminal Procedure Code and also 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