Patna High CourtCR. MISC./34064/2016bail granted

Hans Kumar v. The State Of Bihar

2017-02-15Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34064 of 2016 Arising Out of PS.Case No. -24 Year- 2016 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Hans Kumar, son of Ram Bharos Mahto, resident of village:- Rajkhand Shambhu Patti, P.S.- Muffassil, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 15-02-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Muffasil P.S. Case No.24 of 2016 instituted for the offence under Section(s) 379, 406 Indian Penal Code.

It is alleged that the petitioner was engaged by the informant for his domestic help. He took the key of the TATA Magic on 19.10.2014 for washing the same. The informant waited for the driver but the driver did not come. The informant later on did not find his TATA Magic vehicle at the place. The informant raised suspicion that this petitioner has taken away his TATA Magic. He learnt at the bus stand that this petitioner was seen with his TATA Magic.

Patna High Court Cr.Misc. No.34064 of 2016 (4) dt.15-02-2017 2/2 It has been submitted that there is no statement of driver of the vehicle and there is no recovery of the vehicle. It has further been submitted that the witnesses in the case diary have reiterated the statement of the informant. There is no eye witness to the occurrence and the petitioner has clean antecedents. In the facts and circumstances of the case, prayer of the petitioner for anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Muffasil P.S. Case No.24 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Samastipur, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Sanjay Priya, J) JA/- U T