Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43997 of 2022 Arising Out of PS. Case No.-23 Year-2022 Thana- CHAPRA RAIL P.S. District- Saran ====================================================== Sanjeev Kumar, son of Basant Rajak Resident of Village - Mustafapur, P.S. - Goraul, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-05-2023 Heard Mr. Deepak Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Shyameshwar Dayal, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Chapra Rail P.S. Case No. 23 of 2022 registered for the offence punishable under Section 379 of the Indian Penal Code.

3. Prosecution story, in brief, is that the petitioner was involved in theft of mobile phone and the said mobile phone was recovered from the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has clean antecedent. He informs that petitioner is a student and he is aged about 20 years as on date. If the petitioner is not granted bail, his career will be

Patna High Court CR. MISC. No.43997 of 2022(3) dt.04-05-2023 2/3 ruined. He further submits that the pairvikar of the petitioner has undertaken that he will ensure that the petitioner will not involve in any criminal act in future.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the submission made on behalf of the petitioner that the family members of the petitioner have undertaken that they will ensure that the petitioner will not fall in bad company and they will not allow the petitioner to indulge in any criminal act in future as well as the fact that the snatched mobile has already been recovered, I am of the opinion that the petitioner has, prima facie, made out a case to be released on bail.

7. Court below is directed to release the petitioner, above named, on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, who will be mother and father, to the satisfaction of learned Railway Judicial Magistrate, Sonpur, Chapra in connection with Chapra Rail P.S. Case No. 23 of 2022, subject to the condition that father and mother of the petitioner must file their undertaking that the

Patna High Court CR. MISC. No.43997 of 2022(3) dt.04-05-2023 3/3 petitioner will not fall in any bad company and will not commit criminal act in future and also the condition as laid down under Section 438(2) of the Cr.P.C.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T