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Patna High CourtCR. MISC./3401/2020bail granted

Sugriv Yadav @ Sugriv Kumar v. The State Of Bihar

2020-03-06Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3401 of 2020 Arising Out of PS. Case No.-171 Year-2019 Thana- HULASGANJ District- Jehanabad ====================================================== SUGRIV YADAV @ SUGRIV KUMAR S/o Gorelal Yadav R/o villageUttimpur, P.S.- Hulasganj, District- Jehanabad ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Hulasganj P.S. Case No.171 of 2019, registered for the offence punishable under sections 414, 467, 468, 471 and 420 of the Indian Penal Code.

As per the allegation in the F.I.R., several accused persons were caught and it was discovered that they were dealing in stolen motorcycles. One of the person, who was caught disclosed that he has sold one of the stolen motorcycle to this petitioner.

It is submitted by learned counsel for the petitioner that the name of the petitioner has transpired in the confessional statement of the co-accused made before the police. Contrary to the allegation made and the seizure list, no incriminating article

Patna High Court CR. MISC. No.3401 of 2020(2) dt.06-03-2020 2/2 nor any motorcycle has been recovered from his possession. Referring to the seizure list, it is submitted that one of the witness to the seizure list happens to be Rajendra Paswan, who is the father of the accused Nitish Kumar, on whose confessional statement made before the police, the name of the petitioner has transpired. It is finally submitted that the petitioner has no criminal antecedent.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Hulasganj P.S. Case No.171 of 2019, he will be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jehanabad subject to the condition as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J.) amit/- U T