Gopal Kumar @ Gopal Kumar Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4950 of 2024 Arising Out of PS. Case No.-211 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== Gopal Kumar @ Gopal Kumar Patel Son of Ambika Sharan Singh R/o vill - Khurhuria, P.s. - Kargahar, Distt. - Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Kant Singh For the Opposite Party/s :
Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-02-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Sasaram Nagar (Darigaon) Police Station Case No. 211 of 2022, disclosing offences under Sections 379 of the Indian Penal Code.
3. As per the First Information Report, the informant had parked his motorcycle bearing Registration No. BR24Q7959 , Chasis No. MB6HA10AGEHD46455 and Engine No. HAIBENEHD76834, on road in front of temple and when he returned back, his motorcycle was missing.
4. Learned Counsel for the petitioner submits that the motorcycle, in question, was recovered by the police,
Patna High Court CR. MISC. No.4950 of 2024(2) dt.17-02-2024 2/3 while it was parked near primary school Karmaini Tola, from one Abhinandan Kumar, on which another FIR has been lodged, bearing Barahari P.S. Case No. 118 of 2022, registered under Sections 379, 411 and 34 of the Indian Penal Code. The name of the petitioner has surfaced on the basis of confessional statement of Abhinandan Kumar. The petitioner has been granted anticipatory bail in Barahari P.S. Case No. 118 of 2022 by this Hon'ble Court. Learned counsel further submits that for the theft of motorcycle, two FIRs have been lodged, one by the owner of the motorcycle and another by the police in which, the petitioner has been granted anticipatory bail.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner has been granted anticipatory bail in Barahari P.S. Case No. 118 of 2022, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, Gopal Kumar @ Gopal Kumar Patel, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of
Patna High Court CR. MISC. No.4950 of 2024(2) dt.17-02-2024 3/3 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Sasaram Nagar (Darigaon) Police Station Case No. 211 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T