Sundan Kumar @ Sanjiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43030 of 2023 Arising Out of PS. Case No.-507 Year-2021 Thana- CHHATAUNI District- East Champaran ====================================================== SUNDAN KUMAR @ SANJIV KUMAR son of Bala Lakhindra Ram Village- Bara Bariyarpur Parsa Bazar Ps- Chhatauni Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Singh, Adv For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-09-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

The petitioner is apprehending his arrest in connection with Chhatauni P.S. Case No. 507 of 2021 registered for the offence punishable under Sections 458, 380, and 34 of the Indian Penal Code.

3.

As per the prosecution case, some persons have taken away some articles such as wires, conductors etc. from the godown, in the wee hours. They have taken it away in a truck. 4.

The learned counsel for the petitioner submits that in investigation, three persons were arrested, who in their statement have stated that the petitioner was their friend. On such basis, the petitioner faces threat of arrest. The submission is that he has one antecedent under section 392 of I.P.C, but in

Patna High Court CR. MISC. No.43030 of 2023(3) dt.06-09-2023 2/3 the said case, he is on bail. The statement of the co-accused recorded in custody has no sanctity in law. Nobody has seen the petitioner at the place of occurrence, though it is stated that the guards were present at the time the articles were being loaded in the truck.

5.

Learned APP for the State has opposed the prayer for pre-arrest bail.

6.

Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for anticipatory bail of the petitioner is allowed.

7.

Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Chhatauni P.S. Case No. 507 of 2021, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner

Patna High Court CR. MISC. No.43030 of 2023(3) dt.06-09-2023 3/3 who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T