Sanjan Kumar@ Sajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58398 of 2018 Arising Out of PS.Case No. -64 Year- 2018 Thana -BARIYARPUR District- MUNGER ======================================================

1. Sanjan Kumar@ Sajan Kumar, Son of Late Bidhyanath Prasad Singh, Resident of Village- Shamho Sarlahi, P.S.- Shamho, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Malay Kumar Choudhary For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bariyarpur P.S. Case No.64 of 2018 registered for the offence punishable under Section 379 of the Indian Penal Code. As per F.I.R., a vehicle (Tempo) of the informant was stolen away from the house of informant in the night of 31.05.2018. In course of search, it was found that the driver, who is co-accused, had taken away the vehicle. The said vehicle was recovered from possession of this petitioner. It has been submitted that the petitioner has purchased the said vehicle for which he had partly paid consideration money. The alleged occurrence took place on 31.05.2018 but the matter was reported to the police on 04.06.2018 which casts

Patna High Court Cr.Misc. No.58398 of 2018 (2) dt.08-10-2018 doubt. The petitioner is in custody since 06.06.2018 having clean antecedent and so he deserves bail.

The learned A.P.P. for the State opposed the submission.

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Bariyarpur P.S. Case No.64 of 2018 subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U