Guddu Kumar Kesari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14835 of 2023 Arising Out of PS. Case No.-324 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== GUDDU KUMAR KESARI Son of Late Shraban Saw Resident of village - Barhibigha, P.S.- Gurua, District - Chatra (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi,Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-06-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 461, 379, 411, 34 of the Indian Penal Code.

It is submitted on behalf of petitioner that petitioner has been made accused in this case merely because he happens to be owner of the Tempo, from which, stolen oxygen cylinder has been recovered. As a matter of fact, Rohit Kumar was driving said tempo and someone has hired the tempo and loaded the oxygen cylinder on it for his mother, but when police stopped the tempo, said person fled away. It is further submitted that petitioner has got no concerned with the alleged recovered cylinder. No stolen article has been recovered from the possession of petitioner. Petitioner has got clean antecedent.

Patna High Court CR. MISC. No.14835 of 2023(3) dt.26-06-2023 2/2 Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 A.C.J.M., Sherghati, District - Gaya in connection with Sherghati P.S. Case No. 324 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T