Sanjay Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19380 of 2022 Arising Out of PS. Case No.-887 Year-2019 Thana- FATUA District- Patna ====================================================== Sanjay Roy, Son of Ram Babu Roy, Resident of Village - Dedour (Ram Pratap Rai Ka Tola), Bakhtiyarpur, P.S.- Bakhtiyarpur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S.K. Lal, Advocate Mr.Pramod Kumar, Advocate For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Fatuha P.S. Case No. 887 of 2019 registered for the alleged offences under Sections 414, 420, 467, 468, 471/34 of the Indian Penal Code.

As per prosecution case, the allegation against the petitioner is that of tampering the chassis number of his truck for wrongful purpose.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.19380 of 2022(3) dt.12-09-2022 2/3 petitioner has purchased the truck and has placed on record some documents in this regard. Two trucks were seized during same transaction in which this case has been registered and the owner of the another truck has been granted anticipatory bail by the learned court below. No offence under Sections 414, 420, 467, 468, 471/34 of the Indian Penal Code is made out against this petitioner as none of the ingredients of any of the offences are present in this case. The charge sheet has been submitted in this case and the petitioner is in custody since 11.02.2022. The petitioner is accused in two other cases and he is on bail in both the cases.

Learned A.P.P. opposes the prayer for bail submitting that the petitioner tampered the chassis number of his truck. Having regard to the facts and circumstances and submission made hereinabove and considering the vagueness of allegation coupled with the submission of charge sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Patna City, in connection with Fatuha P.S. Case No. 887 of 2019, subject to the conditions mentioned in Section 437 (3) of

Patna High Court CR. MISC. No.19380 of 2022(3) dt.12-09-2022 3/3 the Code of Criminal Procedure and also the following conditions :

(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

(ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T