Patna High CourtCR. MISC./38712/2023bail granted

Anjan Kumar Sah @ Anjay Kumar Sah v. The State Of Bihar

2023-07-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38712 of 2023 Arising Out of PS. Case No.-29 Year-2023 Thana- TARAPUR District- Munger ====================================================== Anjan Kumar Sah @ Anjay Kumar Sah, Son of Shiv Shankar Sah @ Shiv Shankar Prasad, Resident of Kumhar Tola Tarapur, P.S. - Tarapur, Distt. - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Singh, Advocate For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Tarapur P.S. Case No. 29 of 2023 lodged on 12.02.2023 under Section 414 of the Indian Penal Code.

3. As per the prosecution case, a Xylo vehicle which was parked in the garage of co-accused, Shashi Singh, has been recovered alleged to be theft one. Subsequently, the co-accused, disclosed the name of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and the alleged vehicle has not been recovered from the conscious possession of the petitioner, rather it has been recovered from the garage of the co-accused. He

Patna High Court CR. MISC. No.38712 of 2023(2) dt.07-07-2023 2/2 further submits that the petitioner is in custody since 12.02.2023 having no criminal antecedent and the chargesheet has already been submitted. Moreover, the FIR has been lodged levelling accusation under Section 414 of the I.P.C. which is triable by a Magistrate.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Munger, in connection with Tarapur P.S. Case No. 29 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J) Ashwini/- U T