Saroj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17204 of 2024 Arising Out of PS. Case No.-633 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== SAROJ KUMAR Son of Ram Lal Chaudhary Resident of Vill./Mohalla-Gita Ghat Colony, Fazalganj, P.S.-Sasaram (Town), District-Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sasaram (Muffasil) P.S. Case No. 633 of 2023 dated 28.11.2023 registered for the offences punishable u/ss 414, 467, 468, 420, 279, 427 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the informant along with the police force was checking the vehicle, in the meantime, a Creta vehicle came rashly from west side and pushed the bicycle and tried to flee away. The police force seized the vehicle and the driver disclosed his name as Saroj Kumar (petitioner). When the driver of the said vehicle was asked for documents he did not

Patna High Court CR. MISC. No.17204 of 2024(3) dt.30-07-2024 2/3 produce any documents regarding vehicle and he disclosed that this vehicle belonged to one Ranjan Srivastava. On suspicion, the vehicle was checked, in the vehicle fine machine (HHD), the owner of the vehicle came in different name. The petitioner disclosed that he and the co-accused, Ranjan Srivastava stole vehicles and sold them from one state to another. It is further alleged that several keys of different types of vehicle, different number plates and a number of wire cutter were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has surfaced in this case merely on suspicion. No incriminating article has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 29.11.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.17204 of 2024(3) dt.30-07-2024 3/3 the like amount each to the satisfaction of learned Court concerned, Rohtas at Sasaram in connection with Sasaram (Muffasil) P.S. Case No. 633 of 2023 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T