Arjun Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85473 of 2019 Arising Out of PS. Case No.-270 Year-2019 Thana- BASANTPUR District- Siwan ====================================================== Arjun Prasad Son of Premchand Prasad, Resident of Village - Madhopur, P.S.- G.B. Nagar Tarbara, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Rakesh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Basantpur P.S. Case No. 270 of 2019 for the offences punishable under Sections 457, 380, 413 and 414 of the Indian Penal Code. The allegation is regarding unknown accused persons having committed theft in three houses and huge amount of cash, jewelry, suitcase and various articles were stolen. It is further alleged that upon alarm being raised by the informant and others, the villagers had engaged in search of the thieves and the petitioner was apprehended from the spot and two mobiles were recovered from him.

The learned counsel for the petitioner has submitted that if the petitioner would have been the actual thief, apart from

Patna High Court CR. MISC. No.85473 of 2019(2) dt.07-01-2020 2/2 the mobiles, other articles such as cash, jewelry etc., stolen from the house in question, would have also been recovered from the petitioner, however, the fact is that while the petitioner was returning back from a marriage ceremony, he was apprehended by the villagers and has been falsely implicated in the present case. It is further submitted that the petitioner is having a clean antecedent and is languishing in custody since 28.07.2019. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the fact that the petitioner is having a clean antecedent and is languishing in custody since 28.07.2019, I deem it fit and proper to grant regular bail to the petitioner.

Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan in connection with Basantpur P.S. Case No. 270 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T