Abhimanyu Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45440 of 2024 Arising Out of PS. Case No.-507 Year-2021 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

Abhimanyu Kumar Rai Son of Bachha Ray Village- Maujampur Narwan PsChapra Mufassil Dist- Saran 2.

Dilip Kumar son of Indrabhushan Rai Village- Pipra Tola Ps- Doriganj DistSaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Mili Kumari, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 379 / 201 of the Indian Penal Code.

3. As per prosecution case, these two petitioners are alleged to have stolen a sand loaded truck.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in this case only on suspicion. No such occurrence, as alleged in the F.I.R., ever took place. There is no seizure list on record. However, without admitting the allegation made in the F.I.R., the petitioners are

Patna High Court CR. MISC. No.45440 of 2024(3) dt.12-09-2024 2/3 ready to deposit Rs. 50,000/- (Rupees fifty thousand) each in the Nazarat of the Civil Court and that would be subject to result of the case.

5. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 507 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further following conditions:

"(A) At the time of furnishing bail-bond, the petitioners shall deposit Rs. 50,000/- (fifty thousand) each in the Nazarat of Civil Court, Chapra.

(B) The aforesaid payment shall be subject to final outcome of the case.

(C) If petitioners fail to comply the direction of this Court, the learned Court below would be at liberty to cancel the bail-bond of the petitioner."

6. This order has been passed, without going into the merit of the case, only for the purpose of considering the prayer

Patna High Court CR. MISC. No.45440 of 2024(3) dt.12-09-2024 3/3 for anticipatory bail of petitioners.

(Prabhat Kumar Singh, J) anay/- U T