Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25872 of 2023 Arising Out of PS. Case No.-524 Year-2022 Thana- KANKARBAG District- Patna ====================================================== Sanjeet Kumar S/O Sanjay Vishwakarma Resident of Village- Angari, P.S.- Kinjar, District- Arwal, Presently residing at mohalla- Postal Park, Road No.- 3,P.S.- Jakkanpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Mistry, Adv.

For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-07-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for grant of anticipatory bail in connection with Kankarbagh P.S. Case No.524 of 2022, registered for offences under Sections 356 and 379 of the Indian Penal Code. The allegation is regarding three miscreants having arrived at the place of occurrence, riding on a scooty, while the informant was going to HDFC Bank and was talking on his mobile phone, whereupon they had snatched the mobile phone of the informant, and while fleeing away, on account of heavy traffic, they had left the scooty near the place of occurrence. It is alleged that the said scooty

Patna High Court CR. MISC. No.25872 of 2023(2) dt.07-07-2023 2/3 belongs to the petitioner herein.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted by referring to paragraph no.7 of the present petition that one Chandan Kumar, had requested the petitioner to lend him scooty for going to the hospital to see a patient, whereafter the petitioner had given the scooty to the said Chandan Kumar and then he came to know that the alleged occurrence has taken place, hence it is submitted that the petitioner is innocent.

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 parties and taking into account the materials available on record as also considering the fact that the petitioner is having a clean antecedent and he has categorically stated in paragraph no.7 of the

Patna High Court CR. MISC. No.25872 of 2023(2) dt.07-07-2023 3/3 present petition that he had lent the scooty to one Chandan Kumar to enable him to visit a patient at the hospital in question, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the above named petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna, in connection with Kankarbagh P.S. Case No.524 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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