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Patna High CourtCR. MISC./60311/2021bail granted

Saket Kumar v. The State Of Bihar

2022-07-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60311 of 2021 Arising Out of PS. Case No.-637 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== SAKET KUMAR Son of Gajendra Chaubey Resident of Village - Chargaha Sabiya Khurd, P.S. - Chanpatia (Sirisiya O.P.), District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Sucheta Yadav, APP.

For the Informant :

Mr. Ramkushun Prasad, Advocate :

Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2022 Heard learned counsel for the petitioner and learned APP for the State and perused the cased diary. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code.

It is a case of theft of Bolero vehicle bearing Registration no. BR22P-1484.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that there is no consistent evidence against the petitioner in this case. During investigation, no witnesses whispered against the petitioner in respect of implication in this case. Mere in the supervision report mentioned in para-30 of the

Patna High Court CR. MISC. No.60311 of 2021(3) dt.04-07-2022 2/2 case diary, the name of the petitioner has been disclosed. It is well settled principle of law that the supervision report has no value in the eye of law Learned APP appearing for the State on the basis of the case diary has opposed the prayer for anticipatory bail and the counsel for the informant is unable to come to give answer about the fact that evidence collected during course of supervision has value in this case.

Considering the aforesaid submissions, 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 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran in connection with Chanpatia ( Sirisiya O.P.) P.S. Case No. 637 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T