Anupam Kumar Sahu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7382 of 2024 Arising Out of PS. Case No.-966 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== Anupam Kumar Sahu, Son of Late Ranjeet Kuamr Sahu Resident of VillageRahul Nagar, Damodarpur, Singh Colony, P.S.-Kanti, District-Muzaffarpur. But in F.I.R. it has been written as - Anupam Kumar Sahu, Male, aged about 54 years, Resident of Village-Rahul Nagar, Damodarpur, Singh Colony, Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhubala Verma, Advocate For the Opposite Party/s :
Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sitamarhi P.S. Case No. 966/2022 lodged on 03.12.2022 under Sections 379, 406, 420 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against three named accused persons for the theft of the truck of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. From the allegation, the only allegation filtered is that the petitioner used to introduce the two different persons and only due to this reason, he has been made accused. There is no role of the
Patna High Court CR. MISC. No.7382 of 2024(2) dt.17-02-2024 2/3 petitioner in the allegation made in the FIR. Counsel further submits that the petitioner is accused in 17 more criminal cases. Out of 17 cases, he has been granted bail in 12 cases and in rest 5 cases, he is persuading for bail. The petitioner is in custody since 14.09.2023.
5. Learned counsel for the State opposes the prayer for bail and submits that the petitioner appears to be the mastermind of the offences as apart from the present case, he is accused in 17 more criminal cases of similar nature and in all the cases, the modus operandi are identical, therefore, at the time of granting bail to the petitioner, this aspect must be taken into consideration.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sitamarhi, in connection with Sitamarhi P.S. Case No. 966/2022, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
7. The learned court below shall release the petitioner on bail only after framing of charge, if not framed as well as on
Patna High Court CR. MISC. No.7382 of 2024(2) dt.17-02-2024 3/3 being satisfied that the petitioner is not absconding in any of the cases as mentioned in paragraph no.3 of the petition as under :- (i) Brhampura P.S. Case No. 213/2020 (ii) Sitamarhi P.S. Case No. 967/2022.
(iii) Sitamarhi P.S. Case No. 968/2022 (iv) Sitamarhi P.S. Case No. 969/2022 (v) Sitamarhi P.S. Case No. 970/2022 (vi) Sitamarhi P.S. Case No. 971/2022 (vii) Sitamarhi P.S. Case No. 962/2022 (viii) Sitamarhi P.S. Case No. 963/2022 (ix) Sitamarhi P.S. Case No. 964/2022 (x) Sonbarsa P.S. Case No. 440/2022 (xi) Sitamarhi P.S. Case No. 965/2022 (xii) Sursand P.S. Case No. 635/2022 (xiii) Sursand P.S. Case No. 632/2022 (xiv) Sursand P.S. Case No. 633/2022 (xv) Sursand P.S. Case No. 634/2022 (xvi) Riga P.S. Case No. 568/2022 (xvii) Parsauni P.S. Case No. 206/2022 (Dr. Anshuman, J) Ashwini/- U T