Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51742 of 2019 Arising Out of PS. Case No.-111 Year-2019 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== SURAJ KUMAR Son of Surendra Bind Resident of Village-Tenua, P.SRamgarh, District-Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Ramgarh P.S. Case No. 111 of 2019, GR No. 978 of 2019, disclosing the offence under Sections 401, 413, 414/34 of the Indian Penal Code.

One Laxman Kumar was arrested by the police on the report of keeping stolen motorcycles. A stolen motorcycle was recovered from his possession and he is said to have disclosed the name of the petitioner and others who also used to purchase stolen motorcycles and sell them after having used for some time.

Learned counsel for the petitioner has submitted that on the basis of the disclosure made by co-accused Laxman

Patna High Court CR. MISC. No.51742 of 2019(2) dt.20-08-2019 2/3 Kumar, houses of others, including that of the petitioner, were raided. Nothing was, however, recovered from the house of the petitioner, though one stolen motorcycle was allegedly recovered from the house of co-accused Bhairo Sah. Learned counsel appearing on behalf of the petitioner has, thus, submitted that no offence under Section 414 of the IPC can be said to be made out against him. He has also submitted that petitioner does not have any criminal antecedent.

Considering the facts and circumstances, nature of accusation and the submissions advanced on behalf of the petitioner, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned ACJM-1st, Kaimur at Bhabua in Ramgarh P.S. Case No. 111 of 2019, GR No. 978 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part

Patna High Court CR. MISC. No.51742 of 2019(2) dt.20-08-2019 3/3 to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T