Uday Sundi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39088 of 2023 Arising Out of PS. Case No.-235 Year-2022 Thana- NAWADA MUFFASIL District- Nawada ====================================================== UDAY SUNDI S/O JAGDISH SUNDI R/O Village- Taratand, P.S- Domchanch, Distt.- Koderma (Jharkhand) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-07-2023

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Muffasil PS Case No. 235 of 2022 dated 19-08-2022 registered for the offence under Section 379 / 34 of the IPC.

3. As per the FIR, the petitioner along with other accused person has taken away the truck, which was parked outside the Police Station and was seized by the Police.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case merely because he happens to be the owner of the truck in question. He further submits that the truck in question was parked near the Police Station and Chaukidar had asked its driver not to park the truck in front of the Police Station, upon which, the driver told him

Patna High Court CR. MISC. No.39088 of 2023(2) dt.28-07-2023 2/2 that he would move from there after some time because he was not feeling well. He further submits that truck in question was not seized by the Police or any other authority and no FIR has been lodged in this regard. He further submits that truck in question is right now in possession of the petitioner, who is the valid owner of the same.

5. Regard being had to the submission made by the parties, taking into consideration the nature of allegation and the submissions advanced on behalf of the petitioner, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.- 1st, Nawada in connection with Muffasil PS Case No. 235 of 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T