Divyanshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18555 of 2024 Arising Out of PS. Case No.-79 Year-2023 Thana- NAYAGAON District- Begusarai ====================================================== Divyanshu Kumar S/o Binod Jha @ Ramanand Jha R/o vill - Mahendrapur, P.S. - Nayagaon, Distt. - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Nayagaon P.S. Case No. 79 of 2023 dated 20.12.2023, instituted for the offence punishable under Sections 414 of the Indian Penal Code.
3. The prosecution case, in short, is that the informant received a secret information while he was patrolling at Balhampur, that the accused petitioner was using a stolen marron coloured fiat car bearing registration no. WB 06 B 0204. The said car was in front of the milk centre near Mahendrapur Bandh. The police reached the spot, on seeing the police, the accused petitioner fled away. On query, the family members were not able to produce any valid document of the said vehicle.
4. Learned counsel for the petitioners submits that the petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.18555 of 2024(2) dt.15-04-2024 2/2 case. It is further submitted that the said fiat car has neither been seized from the possession of the petitioner nor from the house of the petitioner. It is further stated that petitioner has no concern with the said fiat car. It is further stated that the said fiat car was seized when it was parked in front of milk centre near Mahendrapur Bandh. It is next submitted that the said fiat car does not belong to the petitioner. Lastly, it has been submitted that the petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Nayagaon P.S. Case No. 79 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Begusarai, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) Sankalp/- U T