Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.783 of 2019 Arising Out of PS. Case No.-91 Year-2018 Thana- MEHANDIGANJ District- Patna ====================================================== Sumit Kumar Son Sunil Kumar @ Sunil Yadav Resident of Village - Shiv Mandir, Mansa Ram Ka Akhara Loha Ka Pul , Police Station- Mehandiganj, District - Patna ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Mehandiganj P.S. Case No. 91 of 2018, disclosing the offence punishable under Section 414 of the Indian Penal Code. The petitioner has no criminal antecedent. The FIR is on the basis of the written report of the Assistant SubInspector of Police, who has alleged that on the basis of a secret information that the petitioner and three other persons were intending to sell the stolen vehicles, a raid was conducted. It is alleged that when the police conducted the raid at the place of information, the accused persons, including the petitioner, fled away.

Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.783 of 2019(2) dt.25-01-2019 2/2 his implication in this case is for ulterior reasons. Be that as it may, considering the circumstance that the petitioner has no criminal antecedent and he has been implicated on the basis of recovery of a motor-cycle from the place, which admittedly does not belong to the petitioner, this application is allowed. Let the petitioner, above-named, in the event of arrest/surrender within six weeks from today in the court below, 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 the learned A.C.J.M. Patna City in Mehandiganj P.S. Case No. 91 of 2018, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) HR/- U T