Soni Kumar @ Sani Kumar @ Sunni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10082 of 2018 Arising Out of PS. Case No.-336 Year-2017 Thana- ARA NAGAR District- Bhojpur ====================================================== Soni Kumar @ Sani Kumar @ Sunni Kumar S/o Krishna Kumar Roy, R/o Village- Durjanchak, P.S.- Koilwar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kripa Nand Jha For the Opposite Party/s :

Mr. MUSTAQUE ALAM ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Arrah Town P.S. Case No. 336 of 2017 registered for the offence punishable under Section 414 of the Indian Penal Code.

The case of the prosecution is that when the Police party had apprehended the accused persons and demanded the papers of the motorcycle, they could not produce the same and instead told the Police that they had purchased the motorcycle from the petitioner herein.

The learned counsel for the petitioner submits that the petitioner has not been named in the FIR and in fact a bare perusal of the FIR would show that when one of the accused had

Patna High Court Cr.Misc. No.10082 of 2018(2) dt.20-02-2018 2/2 called the petitioner and asked for the papers of the motorcycle, the petitioner had denied to have either been in possession of the papers or having sold the motorcycle. It is further submitted that no recovery has been effected from the petitioner and the petitioner is having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order 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, Bhojpur, Arrah in connection with Arrah Town P.S. Case No. 336 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T