Gautam Mahato vs The State Of Bihar
2021 Latest Caselaw 4230 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 37736 of 2020
      Arising Out of PS. Case No.-196 Year-2020 Thana- BARAULI District- Gopalganj
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Gautam Mahato, Male, aged about 28 years, Son of Late Regu Mahato, Resident of Village - Bhainsahi, PS - Barauli, District - Gopalganj.

... ... Petitioner/s Versus The State of Bihar

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

 For the Petitioner/s     :        Mr. Setu Prateek, Advocate
 For the State            :        Mr. Nand Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 23-08-2021

The matter has been heard via video conferencing.

2. Heard Mr. Setu Prateek, learned counsel for the

petitioner and Mr. Nand Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Barauli PS Case No. 196 of 2020 dated 27.07.2020, instituted

under Sections 461 and 379 of the Indian Penal Code.

4. The allegation against the petitioner and three other

co-accused is of stealing 300 cartons of eggs, 200 pieces of

fodder, two Exide batteries and one water motor from his

chicken farm, the loss being of Rs. 3.28 lakhs.

5. Learned counsel for the petitioner submitted that

only on suspicion, that too on the basis of some information Patna High Court CR. MISC. No.37736 of 2020 dt.23-08-2021

received by the informant, the petitioner has been named,

without there being any recovery from his place of any of the

items alleged to have been stolen. It was submitted that because

of the petitioner being in the process of lodging a complaint

against the informant for causing nuisance by running a chicken

farm, he has been made accused. It was further submitted that

the petitioner has no other criminal antecedent.

6. On the aforesaid stand of learned counsel for the

petitioner, the Court on 23.07.2021, had asked learned APP to

obtain the up-to-date legible photo copy of the entire case diary of

Barauli PS Case No. 196 of 2020, from the Superintendent of

Police, Gopalganj as also a specific report whether after lodging

of the FIR, the police had gone to the place of the accused for

verifying the correctness of the allegation.

7. Learned APP submitted that he has received both the

case diary and the report from which it appears that the police had

gone to the house of the accused, including the petitioner, and

upon search, no articles which are alleged to have been stolen

have been recovered.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in view of

there being no recovery made from the house of the petitioner Patna High Court CR. MISC. No.37736 of 2020 dt.23-08-2021

when the police had gone to raid as also the petitioner having no

other criminal antecedent, the Court is persuaded to allow the

prayer for pre-arrest bail.

9. Accordingly, in the event of arrest or surrender before

the Court below within six weeks from today, the petitioner be

released on bail upon furnishing bail bonds of Rs. 25,000/-

(twenty five thousand) with two sureties of the like amount each

to the satisfaction of the learned Judicial Magistrate 1 st Class,

Gopalganj in Barauli PS Case No. 196 of 2020, subject to the

conditions laid down in Section 438(2) of the Code of Criminal

Procedure, 1973 and further, (i) that one of the bailors shall be a

close relative of the petitioner, (ii) that the petitioner and the

bailors shall execute bond and give undertaking with regard to

good behaviour of the petitioner and (iii) that the petitioner shall

co-operate with the Court and police/prosecution. Any violation of

the terms and conditions of the bonds or the undertaking or failure

to co-operate shall lead to cancellation of his bail bonds.

10. It shall also be open for the prosecution to bring any

violation of the foregoing conditions by the petitioner, to the

notice of the Court concerned, which shall take immediate action

on the same after giving opportunity of hearing to the petitioner.

Patna High Court CR. MISC. No.37736 of 2020 dt.23-08-2021

11. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T