Sanjay Singhania v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8301 of 2019 Arising Out of PS. Case No.-72 Year-2013 Thana- ARARIA District- Araria ====================================================== Sanjay Singhania, Son of Krishan Kumar Singhania, Resident of 51, Panchanna Gram, PS- Tiljala ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rama Kant Sharma, Senior Advocate Mr. Puneet Siddhartha, Advocate Mr. Jitesh Singh, Advocate Mr. Aryan Sinha, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2019 This is an application for grant of anticipatory bail in connection with Araria P. S. Case No. 72 of 2013, disclosing offence under Section 414 of the Indian Penal Code and Sections 9, 51 and 52 of the Wild Life Protection Act, 1972. F.I.R. disclosed that the Elephant Teeth was recovered from three accused persons and they were arrested. Later on, they have appeared before the police and their statement has been recorded under Section 164 of Cr.P.C. and in their statement the name of the petitioner transpires. Submission of learned counsel for the petitioner is that except that there is nothing against the petitioner and later on a petition has been filed by co-accused retracting from confession and the petitioner is a businessman and he is dealing

Patna High Court CR. MISC. No.8301 of 2019(4) dt.24-09-2019 2/2 with the real estate.

Heard learned APP also, who has opposed the prayer for anticipatory bail on the ground that name of the petitioner transpires on the confessional statement of the co-accused persons. Apart from that house of the petitioner was raided but was found absconding.

Having heard both sides, in view of the facts, as stated above, this application is disposed of with a direction to the petitioner to surrender before the learned court below by 16.10.2019, on surrender, he will be released on provisional bail till the submission of the charge sheet to the satisfaction of the learned court below, on the condition that he has to appear before the Investigating Officer within 10 days of grant of provisional bail and participate in the investigation and if, the charge sheet has been submitted against the petitioner, the petitioner has to surrender and pray for regular bail, which shall be considered by the learned court below apart from confession of the co-accused on the basis of the other materials available on the record.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T