Chandan Singh @ Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15995 of 2024 Arising Out of PS. Case No.-549 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Chandan Singh @ Amit Kumar son of Mithilesh Kumar @ Mithilesh Kumar Singh R/o- Maa Ambika Apartment, Flat No. 204(B), Patel Nagar, P.S. Shastrinagar, District Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shekhar Kumar Singh, Advocate For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 19-03-2024 Heard Mr. Shekhar Kumar Singh, learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Sasaram P.S. Case No. 549 of 2023, registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.
3. Allegedly, the informant went to his sister's house and parked his Scorpio vehicle outside the house. In the next morning he found that his vehicle was stolen away by some unknown thieves. From the GPS location, it has found that the vehicle is somewhere parked in Patna town. After lodging of the FIR, investigation was done and the vehicle was recovered from a lonely place. During the course of investigation, co-accused
Patna High Court CR. MISC. No.15995 of 2024(2) dt.19-03-2024 2/3 Narendra Kumar was apprehended and on the disclosure made by him, the name of the petitioner transpired with an allegation that he is also one of the member of the thieves.
4. Learned counsel appearing on behalf of the petitioner submits that save and except the confessional statement, there is no material suggesting the complicity of the petitioner, moreover, the vehicle, in question, is recovered from a lonely place and, as such, the allegation of theft is also appeared to be highly doubtful. It is next submitted that the petitioner bears fair antecedent and he undertakes that he will fully co-operate in the investigation or in the proceeding of the Court.
5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that materials have come during the course of investigation that the petitioner was involved in theft of the vehicle.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that save and except the confessional statement, there is no material and the offence is triable by the Magistrate, coupled with the fair antecedent, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within
Patna High Court CR. MISC. No.15995 of 2024(2) dt.19-03-2024 3/3 a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sasaram (Rohtas) in connection with Sasaram (M) P.S. Case No. 549 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) shivank/- U T