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Patna High CourtCR. MISC./27907/2023disposed

Sanjit Kumar Pandit @ Sanjit Pandit v. The State Of Bihar

2023-07-07Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27907 of 2023 Arising Out of PS. Case No.-134 Year-2011 Thana- SIWAN CITY District- Siwan ====================================================== Sanjit Kumar Pandit @ Sanjit Pandit, Son of Ganesh Pandit, Resident of Village - Khushihal Dumari, P.S.- Basantpur (Lakari Nabiganj O.P.), District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Bardhan Pandey, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking prearrest bail in connection with Siwan Town P.S. Case No.134 of 2011 registered for the offences punishable under Section 379 of the Indian Penal Code. The petitioner has got two criminal antecedents in which he is said to be on bail. The prosecution story in brief is that one Bolero Vehicle bearing Reg. No.BR-25-9820 was stolen in the night at about 11.00 PM which was parked in front of Nandan Hotel, Siwan and the driver of the vehicle Sanoj Kumar lodged this case stating that the vehicle belongs to one Srikant Nirala of District-Jehanabad.

Patna High Court CR. MISC. No.27907 of 2023(2) dt.07-07-2023 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that the name of the petitioner has transpired in the confessional statement of the co-accused and there is no recovery from the possession of the petitioner. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case, on noticing that the co-accused have been granted privilege of regular bail by the learned court below, this Court directs that in case the petitioner surrenders and prays for regular bail within a period of four weeks from today, his prayer for regular bail shall be considered keeping in view the principle of parity in the light of the orders passed by the learned court below in the case of co-accused.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) arvind/- U T