Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8400 of 2024 Arising Out of PS. Case No.-262 Year-2022 Thana- BARUN District- Aurangabad ====================================================== Sonu Kumar son of Vishwanath Singh Village- Sahaspur Ps- Barun DistAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Barun P.S. Case No. 262 of 2022 dated 23.06.2022 registered for the offence/s punishable u/s 379 of the Indian Penal Code.

3. As per the prosecution case, a truck loaded with sand, was kept in the care of the police station, from where it is alleged that the petitioner and the co-accused persons has taken away the said truck. The truck has, subsequently, been seized at the toll plaza.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the

Patna High Court CR. MISC. No.8400 of 2024(2) dt.05-03-2024 2/2 petitioner has sprung up during the course of the investigation. The petitioner is not the owner of the said truck. Similarly situated coaccused has already been granted anticipatory bail by the coordinate bench vide order dated 23.05.2023 passed in Cr. Misc. No. 13823 of 2023. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Aurangabad in connection with Barun P.S. Case No. 262 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T