Patna High CourtCR. MISC./86986/2019bail granted

Ashish Sah @ Ashish Kumar Sah v. The State Of Bihar

2020-02-20Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86986 of 2019 Arising Out of PS. Case No.-151 Year-2019 Thana- DHURAIYA District- Banka ====================================================== Ashish Sah @ Ashish Kumar Sah, Son of Subodh Sah Resident of VillageKurma, P.S.-Dhoraiya, District-Banka. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Das No.2 For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-02-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Dhoraiya P. S. Case No.151 of 2019 registered for the offence punishable under Section 379 of the I.P.C.

3. Although, the petitioner is named in the first information report, but only suspicion has been raised against the petitioner as the informant claims in his written report that he as well as other had seen the petitioner carrying bag on his head on the alleged date and time of occurrence and when he was interrogated by informant as well as other, he confessed that he had stolen the motor-pump of informant and others.

4. However, the impugned order goes to show that

Patna High Court CR. MISC. No.86986 of 2019(2) dt.20-02-2020 2/2 nothing was recovered from conscious possession of the petitioner, who does not have any criminal antecedent, which is evident from perusal of Paragraph-3 of the petition.

5. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Vikash Kumar, learned Judicial Magistrate 1st Class, Banka in connection with Dhoraiya P. S. Case No.151 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) vikash U T