Pritam Kumar Singh @ Pritam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76924 of 2018 Arising Out of PS. Case No.-249 Year-2018 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Pritam Kumar Singh @ Pritam Kumar Son of Om Prakash Singh @ Buar Singh, Resident of Village- Choti Sasaram, P.S.- Udwantnagar, Gajrajganj, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Udwantnagar P.S. Case No. 249 of 2018, disclosing offences under Sections 420 and 414 of the Indian Penal Code. On the basis of an information, which the Police had received that the petitioner was using a stolen motorcycle, the Police had gone to conduct an inquiry. From near the house of the petitioner, the Police recovered a motorcycle. Allegedly, the family members of the petitioner did not produce any document in respect of the said motorcycle, nor the petitioner was found in his house.

Learned counsel, appearing on behalf of the petitioner, has submitted that there is nothing to show in the first information report that the petitioner was even seen using the

Patna High Court Cr.Misc. No.76924 of 2018(2) dt.16-01-2019 2/2 said motorcycle. Only on the basis of secret information and with the allegation that the motorcycle was found parked near the petitioner's house, he has been implicated. The petitioner has no criminal antecedent.

Considering the submission, as above, 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 learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 249 of 2018, 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/- U