Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38693 of 2022 Arising Out of PS. Case No.-207 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== Sanjeet Kumar, S/o Chandramauli Nonia, Resident of village - Kathbar Tola Bangla, P.S. - Madanpur, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmeshwar Vishwakarma, Advocate For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. In the present case, the petitioner seeks bail in connection with Madanpur P.S. Case No. 207 of 2022, registered for the alleged offences under Sections 420, 467, 468, 471, 413 and 414 of the Indian Penal Code.

As per prosecution case, during night patrolling, the police received secret information about the petitioner and the co-accused person, who have been absconding in an excise case, were going on a motorcycle with his other associates with intention to commit theft. A trap was laid and four persons on a motorcycle were apprehended including this petitioner. From possession of this petitioner, one stolen motorcycle was recovered. From the co-accused persons, master keys were

Patna High Court CR. MISC. No.38693 of 2022(3) dt.23-12-2022 2/3 recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is named accused in the FIR but he has no concern with the seized motorcycle and the co-accused persons. The learned counsel further submits that from bare perusal of the FIR, it is obvious that no case under Sections 420, 467, 468, 471, 413 and 414 of the Indian Penal Code is made out against this petitioner. The charge sheet has been submitted in this case. The petitioner is in custody since 03.05.2022 and is having clean antecedent.

Learned A.P.P. opposes the prayer for bail made on behalf of the petitioner.

Having regard to the facts and circumstances of the case and the submissions made hereinabove and considering the submission of charge sheet and the period of custody of the petitioner along with his clean antecedent, the petitioner is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Madanpur P.S. Case No.207 of 2022, subject to the conditions mentioned in Section

Patna High Court CR. MISC. No.38693 of 2022(3) dt.23-12-2022 3/3 437 (3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T