Arun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60612 of 2024 Arising Out of PS. Case No.-757 Year-2023 Thana- SAHPUR District- Patna ====================================================== Ranjit Kumar S/O Sri Bihari Ray Resident of Village- Daudpur, P.S.- Shahpur, District.- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 60739 of 2024 Arising Out of PS. Case No.-757 Year-2023 Thana- SAHPUR District- Patna ====================================================== Arun Kumar Son of Ranjit Kumar Resident of Village - Daudpur, P.S. - Shahpur, District. - Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 60612 of 2024) For the Petitioner/s :
Mr. Arvind Kumar, Adv.
For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 60739 of 2024) For the Petitioner/s :
Mr. Arvind Kumar, Adv.
For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-09-2024 Heard Ms. Diksha Kumari, learned Counsel for the petitioners in both the cases and learned APP Jitendra Kumar Singh in Ranjit Kumar case while learned APP Mr. Bharat Bhushan in Arun Kumar case.
2. The petitioners apprehend their arrest in connection with Shahpur P.S. Case No. 757 of 2023 for the offence
2/4 registered under sections 467, 468, 420, 379 and 411 of IPC lodged on 08.12.2023 by the informant Sonu Kumar.
3. As per the prosecution story, the police during patrolling found two tractors parked with the same registration number and having verified the same to be different vis a vis chasis number, it was seized followed by the FIR.
4. Learned Counsel for the petitioners submit that both the tractors were owned by the petitioners through the auctions made by the Indian Overseas Bank on 26.08.2021 and the same is part of the bail petition as Annexure-2.
5. It is her further submission that it was being used for agricultural purposes and inadvertently, they being illiterate, the actual registration number could not be attached to the tractor. The last undertaking is that given a chance they will be diligently appearing in trial.
6. Learned APPs for the State, in both the cases, on the other hand, opposes the prayer for anticipatory bail submitting that both the tractors were having same registration number clearly showing that it was not a genuine one.
7. Though allegation is there, Annexure-2 shows that under auction on 26.08.2021, the petitioners purchased the tractors, FIR is there, the tractor has been seized, the petitioners
3/4 undertake to diligently appear in trial, this Court is inclined to grant them the anticipatory bail with conditions.
8. Let the petitioners in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Session Judge-VII, Danapur in connection with Shahpur P.S. Case No. 757 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,
4/4 failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U