IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.26340 of 2010
RAJU PRASAD, S/o Binod Prasad, R/o Village- Mushachak, P.S.- Bairgania,
District- Sitamarhi. ......... Petitioner
Versus
STATE OF BIHAR ........................... Opp. Party.
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4 26.03.2011 Heard Sri Sharda Nand Mishra, learned counsel for the
petitioner and Smt. Indu Bala Pandey, learned Addl. Public Prosecutor.
The petitioner, who apprehends his arrest in connection
with Bahera P.S. Case No. 51 of 2001, registered for the offence under
Sections 379 & 411 of the Indian Penal Code has prayed for grant of
anticipatory bail.
F.I.R. was lodged against unknown. It appears that on the
basis of confession of one of the accused, petitioner’s name had
transpired.
Learned counsel for the petitioner, while referring to
Annexure-2 to the petition i.e. order dated 6.6.2001, passed by learned
Additional Sessions Judge, Darbhanga, submits that co-accused Binit
Kumar Yadav, on whose confession petitioner’s name had transpired,
was granted bail, on the ground, that informant himself had filed an
affidavit to the effect that his motorcycle was taken away by his
brother without any information.
Learned counsel for the petitioner submits that in the
month of May, 2010, he has come to know that his name has come in
the present case.
In view of the facts and circumstances, let the petitioner
namely, Raju Prasad, be enlarged on bail, in the event of arrest or
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surrender, before the court below, on his furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount each to
the satisfaction of learned Chief Judicial Magistrate, Darbhanga, in
connection with Bahera P.S. Case No. 51 of 2001, subject to the
conditions contemplated under Section 438(2) of the Code of Criminal
Procedure. The petitioner is directed to appear before the court below
within one month from today.
( Rakesh Kumar, J.)
Praful