Sanjit Kumar @ Sandip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44501 of 2024 Arising Out of PS. Case No.-20 Year-2024 Thana- KASBA District- Purnia ====================================================== Sanjit Kumar @ Sandip Kumar S/o Ramavtar Mahto @ Ramotar Mahto R/o Village-Jiyanganj Uttar Sonari Yadav Tola, Ward No.7, P.S.-Sarasi, DistrictPurnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kasba P.S. case No. 20 of 2024 instituted for the offences under Sections 414, 413, 420, 467, 468, 471, 120B of the Indian Penal Code.

3. Prosecution case, in short, is that the accused persons including this petitioner are involved in illegal sale and purchase of stolen motorcycle.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel further submitted that petitioner is not named in the FIR nor he was caught on the spot. The name

Patna High Court CR. MISC. No.44501 of 2024(2) dt.28-06-2024 2/3 of the petitioner has transpired in this case on the basis of confessioanl statement of the co-accused Md. Raja and Md. Monatzir. Learned counsel further submitted that no any stolen motorcycle has been recovered from the possession of the petitioner. The co-accused person has already been granted bail by this Bench vide order dated 07.05.2024 passed in Cr. Misc. No. 35002 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.04.2024 and has three criminal antecedents.

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, no any recovery of incriminating article from the possession of this petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail 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 Kasba P.S. case No. 20 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.44501 of 2024(2) dt.28-06-2024 3/3 the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T