Shishupal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43653 of 2018 Arising Out of PS. Case No.-189 Year-2018 Thana- GIRIYAK District- Nalanda ====================================================== Shishupal Kumar, S/o Badari Prasad, R/o Village- Devisarai, P.S. Deepnagar, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binit Kumar, Adv.

For the Opposite Party/s :

Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-07-2018 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 414/34 of the IPC. The prosecution case, as per the written report of the Sub Inspector of Pawapuri Police Station, Chhotan Chaudhary, submitted to the S.H.O., Pawapuri, is to the effect that on 16.05.2018 at 03:00 A.M. during vehicle checking one Bolero vehicle was signalled to stop but the driver tried to escape from the scene by speeding up the vehicle. But on chase the vehicle was intercepted and four persons including the driver were apprehended. The driver Guddu Kumar conveyed the name of the owner of the vehicle in question as Shishupal Kumar, whereas from the owner book it transpired that the said vehicle has been registered in the name of Saryug Yadav. However the

Patna High Court Cr.Misc. No.43653 of 2018(2) dt.23-07-2018 2/3 entry made with regard to Engine Number and Chasis Number on the vehicle is different from the entry made in the owner book.

It is submitted by the learned counsel for the petitioner that the petitioner is not concerned with the vehicle in question and his name sprang up only on the statement of co-accused, while the owner book also does not suggest that the vehicle in question was registered in the name of petitioner. The petitioner is also involved in other two cases being Laheri P. S. Case No. 160 of 2017 and Laheri P. S. Case No. 345 of 2017, in which he is on bail, however, statement to that effect has not been made in the petition.

Learned APP submits that the name of the petitioner sprang up on the statement of co-accused.

Considering the fact that the name of the petitioner sprang up during investigation on the statement of co-accused, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Giriyak P. S. Case No. 189 of 2018, in connection with A.C.J.M. Ist, Nalanda at Biharsharif,

Patna High Court Cr.Misc. No.43653 of 2018(2) dt.23-07-2018 3/3 subject to the condition as laid down under Section 438(2) of the Cr. P. C.

(Dinesh Kumar Singh, J) Amrendra/- U