Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28354 of 2019 Arising Out of PS. Case No.-1915 Year-2016 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== SANJAY KUMAR S/o Ramesh Prasad Sah R/o Mohalla- Gola Bazar Chowk, P.S.- Samastipur, District- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rakesh Kumar S/o Jai Prakash R/o Mohalla- Ward No. 23 Gola Road, P.S.- Samastipur Town, District- Samastipur.- Complainant ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lovekush Kumar For the Opposite Party/s :

Mr. R.B. Roy 'Raman' APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Complaint Case No. 1915 of 2016 (Trial No. 1812 of 2018), disclosing offences punishable under Sections 341, 406, 323, 420, 506 and 386 of the Indian Penal Code.

The complainant and the petitioner, both deal in ready made garments. It is alleged that a consignment meant for the complainant was intentionally got delivered to the petitioner, in course of transportation from Railway Station. Learned counsel, appearing on behalf of the petitioner, has submitted that his implication is based on

Patna High Court CR. MISC. No.28354 of 2019(3) dt.01-05-2019 2/2 suspicion only.

Considering the nature of accusation, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand), with two sureties of the like amount each to the satisfaction of the Shri Pushpam Kishore, Judicial Magistrate 1st Samastipur, in connection with Complaint Case No. 1915 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Ashish/RaginiU T