Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9276 of 2021 Arising Out of PS. Case No.-34 Year-2020 Thana- SOHSARAI District- Nalanda ====================================================== PRINCE KUMAR Son of shambhu Paswan @ Vijay Kumar Resident of Village - Hargama, P.S.- Manpur, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

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

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sohsarai P.S. Case no. 34 of 2020 instituted for the offence under Section 414 of the Indian Penal Code.

As per allegation in the FIR, when was co-accused was driving the motorcycle, he was apprehended by the police and on query he could not produce any document regarding the

Patna High Court CR. MISC. No.9276 of 2021(3) dt.03-02-2022 2/3 motorcycle and replied to the police that he has taken the said motorcycle from the petitioner without any paper. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has no concern with the alleged vehicle. The name of the petitioner has been disclosed in this case by the apprehended co-accused, namely, Jitendra Kumar, which has no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sohsarai P.S. Case no. 34 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif subject to the conditions as laid down under section

Patna High Court CR. MISC. No.9276 of 2021(3) dt.03-02-2022 3/3 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U