Anupam Kumar Sahu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46233 of 2024 Arising Out of PS. Case No.-74 Year-2023 Thana- SURSAND District- Sitamarhi ====================================================== Anupam Kumar Sahu S/o Late Ranjeet Kumar Sahu R/o Village-Rahul Nagar, Damodarpur, Singh Colony, P.S.-Kanti, District-Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Madhubala Verma, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Sursand P.S. Case No. 74 of 2023 instituted for the offences under Sections 406, 420, 379 of the Indian Penal Code.
3. Prosecution case, in short, is that, the accused persons including the petitioner came at the residence of the informant and requested him to give his truck on monthly rent. Thereafter, the informant gave his truck on monthly rent. It is further alleged that despite repeated demands of informant, neither any rent was paid to the informant nor the truck was returned to him and, thereafter, it was told to the informant that his truck was missing.
Patna High Court CR. MISC. No.46233 of 2024(3) dt.25-09-2024 2/3
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in the present case. Learned counsel further submitted that it appears from the FIR itself that the only role of the petitioner is that he introduced the co-accused persons to the truck owner, i.e. the informant. Learned counsel further submitted that petitioner neither cheated the informant nor stolen the truck in question. Learned counsel further submitted that except the role of introducing the co-accused to the informant, there is no evidence against this petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.03.2024 and has seventeen criminal antecedents. Learned counsel further submitted that petitioner was first arrested in Sitamarhi P.S. Case No. 967 of 2022 on 27.01.2023 and, thereafter, he was remanded in seven cases on the same day merely on the basis of suspicion.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, nature of allegation as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.46233 of 2024(3) dt.25-09-2024 3/3
7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sursand P.S. Case No. 74 of 2023. (Rudra Prakash Mishra, J) Alok Verma/- U T