Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45802 of 2015 Arising Out of PS.Case No. -101 Year- 2015 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Santosh Kumar S/o Sri Satyanarayan Prasad, resident of village Pakaridayal P.S. Pakaridayal , District -East Champaran .... .... Petitioner

Versus

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

For the Petitioner : M/s. Umesh Chandra Verma, Megha Sinha, Advocates For the State : Mr. P.K.Chaurasiya (App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 01-03-2016 Heard learned counsel for the petitioner and the State.

Petitioner apprehends his arrest in a case filed under Sections 414, 420, 467, 468, 471, 474 and 212 of the Indian Penal Code.

As per the prosecution case, the petitioner along with others have purchased the stolen car.

It is contended on behalf of the petitioner that his criminal antecedent is clean and in fact the petitioner appears to have been deceived by the concerned person as he is the bona fide

Patna High Court Cr.Misc. No.45802 of 2015 (3) dt.01-03-2016 2 / 3 purchaser. It was not within the knowledge of the petitioner that car was stolen property. It is further contended that the petitioner was given no objection certificate by the seller, copy of which has been appended as Annexure 2 series. It is also stated that owner book was issued by the Uttarakhand Transport Department and also the car was insured by the United Insurance Company India Ltd. It is next contended that one of the co-accused, namely, Ram Balak Bhagat @ Ram Balak Prasad @ Ram Balak Rai who had purchased a car from the accused Jatindra, has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 01.02.2016 passed in Cr. Misc. No.46451 of 2015.

Having regard to the facts and circumstances of the case, in the event of arrest/surrender within a period of six weeks from today in Pakaridayal P.S. case no.101 of 2015, the above named petitioner, Santosh Kumar shall be released on bail on furnishing bail bond of Rs.10,000 ( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Sadar, Motiahri, East Champaran subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.45802 of 2015 (3) dt.01-03-2016 3 / 3 nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

(Dr. Ravi Ranjan, J) Sanjay-II/- U T