Sanjay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49154 of 2024 Arising Out of PS. Case No.-303 Year-2022 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Sanjay Sah Son of Late Vishwanath Sah Resident of Vill- Khedwa, P.S.- Basantpur, District-Siwan.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 53789 of 2024 Arising Out of PS. Case No.-303 Year-2022 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Raju Sharma Son of Sri Dwarika Sharma R/o- Khedwa, P.S.- Basantpur, Distt.- Siwan ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 49154 of 2024) For the Petitioner/s :

Mr.Dharmveer Jha, Advocate For the Opposite Party/s :

Mr.Bishweshwar Ram, APP (In CRIMINAL MISCELLANEOUS No. 53789 of 2024) For the Petitioner/s :

Mr.Dharmveer Jha, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-08-2024 1.

Heard learned Counsel for the petitioners and learned APP for the State.

2.

These applications, for grant of anticipatory bail, arise out of Mahmmadpur PS case no. 303 of 2022, disclosing offences punishable under Section 379 of the Indian Penal Code.

Patna High Court CR. MISC. No.49154 of 2024(2) dt.21-08-2024 2/3 3.

The prosecution story, as per the First Information Report, is that the Bolero vehicle bearing registration no. JH 01AP-5770 of the informant was stolen.

4.

Learned Counsel for the petitioners submits that during course of investigation, the stolen vehicle of the informant was recovered on 07.12.2022, for which, Basantpur PS case no. 559 of 2022 was instituted against the petitioners of both cases and two unknown, in which the petitioners have been granted regular bail by the learned Sessions Judge, Siwan. Learned counsel further submits that the present F.I.R. bearing Mahmmadpur PS case no. 303 of 2022 have been registered against unknown persons. He also submits that for the same offence, two F.I.R. have been registered; one at Mahmadpur (Gopalganj) and second at Basantpur (Siwan).

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that the stolen vehicle was recovered from possession of the petitioners, for which they were arrested and have been granted regular bail by the competent court and both F.I.Rs. arise out of the same occurrence, I am inclined to grant the privilege of anticipatory bail to the petitioners.

6.

This application is, accordingly, allowed.

Patna High Court CR. MISC. No.49154 of 2024(2) dt.21-08-2024 3/3 7.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Gopalganj in connection with Mahmmadpur PS case no. 303 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T