Sunil Kumar And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29731 of 2018 Arising Out of PS.Case No. -190 Year- 2017 Thana -KOCHAS District- SASARAM (ROHTAS) ======================================================
1. Sunil Kumar, S/o Bhagwandas Pathak, Resident of Village- Gaudhara, P.S.- Rajpur, District- Buxar.
2. Ranjit Upadhayay, S/o Rameshwar Upadhayay, Resident of VillageManoharpur, P.S.- Kudra, District- Kaimur. .... .... Petitioners
Versus
1. The State of Bihar.
2. Umesh Kumar Maurya, S/o Lal Bihari Singh, Resident of VillageManoharpur, P.O.- Salthua, P.S.- Kudra, District- Kaimur. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar, Advocate For the Opposite Party/s : Mr. Mrityunjaya Kumar Gautam, APP For the informant : Mr. Dheeraj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-05-2018 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the informant. The petitioners seek pre-arrest bail in connection with Kochas P.S. Case No. 190 of 2017 registered under Sections 420 read with 34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that from the first information report itself it would transpire that the auto rickshaw in question has been financed by the bank in the name of the informant and the proprietor of Tara Automobiles has got all the papers transferred in the name of the
Patna High Court Cr.Misc. No.29731 of 2018 (2) dt.17-05-2018 informant. It is submitted that the main grievance of the petitioner is against one Satyendra Singh in whose house the tempo has been kept.
On the other hand, learned counsel for the informant vehemently opposed the application for grant of pre-arrest bail to the petitioners. He submitted that in spite of the payment made by the informant and the vehicle having been financed in the name of the informant, the accused persons have deprived him from the possession of the tempo.
Be that as it may, considering the nature of allegation made in the FIR, in the event of arrest or surrender in the court below within six weeks from today, the petitioners is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Rohtas, Sasaram in connection with Kochas P.S. Case No.190 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C.
(Ashwani Kumar Singh, J.) Sanjeet/- U T