Agraj Anand @ Munna Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14521 of 2020 Arising Out of PS. Case No.-524 Year-2012 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== AGRAJ ANAND @ MUNNA BHAGAT Son of Gulabchand Bhagat Resident of Village - Murliganj, Ward No. 5, P.S.- Murliganj, Distt - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Adv.

For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-09-2020 Heard the learned counsel for the petitioner and Sri Bal Mukund Prasad Sinha, the learned APP for the State.

This is an application for grant of anticipatory bail in connection with K.Nagar P.S. Case No. 524 of 2012 registered for the offence punishable under Sections 406/34 of the Indian Penal Code.

The allegation is regarding 1000 tins of Gulmohar brand mustard oil having been stolen from the truck in question and the driver and the helper are stated to have been missing.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he is having a clean antecedent and the fact is that the

Patna High Court CR. MISC. No.14521 of 2020(3) dt.10-09-2020 2/3 petitioner has also filed a case against the supplier of the mustard oil tins from whom, he had purchased mustard oil tins, which are alleged to be stolen ones. It is further submitted that the petitioner is ready to join investigation.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the police is required to interrogate the petitioner inasmuch as some quantity of stolen mustard oil tins have been alleged to have been recovered from the godown of the petitioner, though, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail, however, subject to certain conditions.

Accordingly, the petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of

Patna High Court CR. MISC. No.14521 of 2020(3) dt.10-09-2020 3/3 receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Purnea in connection with K.Nagar P.S.Case No. 524 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It is further directed that for a period of two months from today, the petitioner would mark his attendance before the Officer-in-Charge of the concerned police station at 10:00 am. on each Monday of the week and in the event of two consecutive defaults, the present privilege of the anticipatory bail shall stand cancelled automatically.

(Mohit Kumar Shah, J) Ajay/- U T