Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34306 of 2022 Arising Out of PS. Case No.-43 Year-2022 Thana- DANAPUR District- Patna ====================================================== Sandeep Kumar S/O Shri Dinesh Kumar R/O 35 Grand Square, Danapur Cantt. P.S.- Danapur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 452, 379, 354, 504, 506, 509/34 of the Indian Penal Code.

As per the allegation in F.I.R, the petitioner entered into the house of the informant by breaking the lock and he has stolen the household articles of the informant. It is also alleged that the petitioner abused and threatened the informant of dire consequences.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and he has falsely

Patna High Court CR. MISC. No.34306 of 2022(2) dt.24-11-2022 2/3 been implicated in the present case. It is also submitted that the petitioner was inducted as a renter in the alleged premises by the informant through a written rental agreement dated 5.12.2020, on monthly basis for a period of eleven months. A copy of tental agreement is annexed as annexure p/2 of this application. It is further submitted that the informant started to evade execution of the rent agreement and started to ask for eviction of the petitioner and accordingly the petitioner was compelled to file Title Suit, seeking declaration of his status as a tenant and that for a temporary injunction restraining the informant herein from interfering with the peaceful possession of the petition. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Danapur,

Patna High Court CR. MISC. No.34306 of 2022(2) dt.24-11-2022 3/3 Patna in connection with Danapur P.S. Case No. 43 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T