Subhranshu Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19157 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- GAUTAMBUDHNAGAR District- Siwan ====================================================== Subhranshu Prakash, Son Of Awadh Kishore Singh Resident Of Village - Basaon, P.S.- Bansantpur, Distt.- Siwan.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 353, 379 and 504/ 34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 09.01.2022, the Mining Inspector, Siwan handed over a truck laden with sand which was kept near road of Mitha Bazar and the informant was deputed to keep a vigil on the truck. It is next alleged that on the same day at about 8.55 P.M., the owner of the alleged truck came along with other accused persons and took away the truck with the help of his associates.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is next

Patna High Court CR. MISC. No.19157 of 2022(2) dt.30-09-2022 2/2 submitted that if what has been alleged is true, then definitely the Mining Inspector would have instituted an F.I.R. with the police, but since no F.I.R. was instituted and the truck was kept in the custody of the informant, who is a Chaukidar that in itself demonstrates that no such occurrence as alleged had taken place.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with G. B. Nagar P. S. Case No.10 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T