Sanjiv Kumar @ Sanjeev Kumar @ Sanjeet Kumar @ Sanneet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6289 of 2020 Arising Out of PS. Case No.-231 Year-2014 Thana- HISUWA District- Nawada ====================================================== SANJIV KUMAR @ SANJEEV KUMAR @ SANJEET KUMAR @ SANNEET KUMAR S/o Late Lalkeshwar Prasad Resident of Village- Nanhu Bigha, P.S.- Akbarpur, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Arun For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 379 and latter added Section 411 of the Indian Penal Code, registered in connection with Hisua P.S. Case N. 231 of 2014.

3. It is submitted that the petitioner has been falsely implicated in connection with the theft of motor-cycle and the petitioner has not been named in the FIR. His name has surfaced much later, merely on the confessional statement of co-accused Raushan Kumar from whose possession the stolen motor-cycle has been recovered. Except such confession, there is no material to connect the petitioner with the alleged occurrence. The

Patna High Court CR. MISC. No.6289 of 2020(2) dt.04-03-2020 2/3 petitioner is accused in one other case in Nawada Town P.S. Case No. 714 of 2014 arising from the same occurrence.

4. Be that as it may, in the event of petitioner's arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Hisua P.S. Case No. 231 of 2014, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his

Patna High Court CR. MISC. No.6289 of 2020(2) dt.04-03-2020 3/3 bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U T