Sunil Sahu @ Sunil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45650 of 2024 Arising Out of PS. Case No.-153 Year-2024 Thana- SIMRI District- Buxar ====================================================== Sunil Sahu @ Sunil Sah Son of Late Radheshyam Sahu Resident of VillGolambar Buxar, P.S.- Buxar (Town), District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Rai Sharma, Adv.

For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-08-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Simri P.S. Case No. 153/ 2024 dated 06.05.2024 registered for the offence(s) punishable under Section(s) 457, 380 read with section 34 of the Indian Penal Code.

3. Mr. Manish Rai Sharma, learned counsel for the petitioner submits that petitioner has been falsely dragged in this case as he himself has been cheated by co-accused, Suraj Bhan Singh, who is said to be the main accused in respect of alleged theft from the temple, who sold the stolen brass bell to this petitioner for Rs. 800/- and petitioner is a Kabar shop owner bearing license No. 10AOHPS7739HZZP. It is further submitted that no case under sections 457 and 380 of the IPC is made out against this petitioner.

Patna High Court CR. MISC. No.45650 of 2024(2) dt.19-08-2024 2/2

4. Mr. Mukesh Kumar Singh, learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the facts and circumstances of this case as well as submissions mentioned above and also the fact that as per prosecution's case this petitioner is said to have purchased the stolen brass bell worth Rs. 800/- from the coaccused, Suraj Bhan Singh, who is said to be the main accused in respect of alleged theft from the temple and petitioner has taken a plea that he is running a Kabar shop bearing license No. 10AOHP7739HZZP, in my opinion, it is a fit case for grant of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Simri P.S. Case No. 153/ 2024 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) BKS/- U T