Raj Kapoor Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17244 of 2019 Arising Out of PS. Case No.-334 Year-2018 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

Raj Kapoor Singh, male, aged about 24 years, S/o Suresh Singh. 2.

Suresh Singh, male, aged about 44 years, S/o Mahaver Singh. Both R/o Village-Raghua, P.S-Uchakagaon, District-Gopalganj ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party.

====================================================== Appearance :

For the Petitioner/s :

Mr.Ramchandra Singh For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-04-2019 Heard learned counsel for the petitioners and learned APP representing the State.

Petitioners are seeking anticipatory bail in connection with Uchakagaon P.S. Case No. 334 of 2018 dated 23.12.2018 registered for the offences punishable under Sections 379 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the husband of the informant had taken a loan of Rupees Six Lakhs from the petitioners in connection with his business and when he failed to return the amount he had placed the vehicle 'Hyundai I 20' bearing Registration No. BR-28T-8185 with the petitioners as security. Referring to Annexure 'P/2' learned counsel submits that the husband of the informant, Ahshan Ahmad has sworn an affidavit to this effect.

Patna High Court CR. MISC. No.17244 of 2019(2) dt.01-04-2019 2/2 It is, thus, his submission that on the one hand the husband has placed his car as security with the petitioners and at the same time, the informant has come out with a case alleging theft of the car by the petitioners.

Learned APP for the State is present and has opposed the prayer for anticipatory bail.

Considering the facts and circumstances of the case and taking note of the contents of the affidavit as contained in Annexure 'P/2', this Court directs that in case of arrest or surrender of the petitioners within a period of four weeks from today, the abovenamed petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M, Gopalganj in connection with Uchakagaon P.S. Case No. 334 of 2018. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) R.R.Ojha/- U T