Chandan Jaiswal @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59747 of 2018 Arising Out of PS. Case No.-169 Year-2018 Thana- NAUGACHIA District- Bhagalpur ====================================================== Chandan Jaiswal @ Chandan Kumar, Son of Jawahar Bhagat @ Jawahar Prasad Bhagat, Resident of Mohalla- Noniapatti, P.S.- Naugachia, DistrictBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Sri Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 413/414 of the Indian Penal Code.

The prosecution case as per the self statement of Satyendra Prasad Singh, SHO, Naugachia Police Station is to the effect that on secret information five bundles of electric wire were seized from a pickup van and one person was apprehended, who

Patna High Court Cr.Misc. No.59747 of 2018(2) dt.28-09-2018 2/3 disclosed his name as Ajay Kumar Sah. Subsequently, on disclosure of the apprehended accused, a godown and a Dhaba were also searched, from where the electric wire and other things were seized. During course of investigation, it is found that the pickup van was purchased by the petitioner. However, the transfer of the ownership was not made.

It is submitted by learned counsel for the petitioner that admittedly the van in question was not registered in the name of the petitioner on the date of the seizure. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that there is specific accusation against the petitioner in the FIR. Considering the fact that the pickup van was not registered in the name of the petitioner, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Naugachia, Bhagalpur, in

Patna High Court Cr.Misc. No.59747 of 2018(2) dt.28-09-2018 3/3 connection with Naugachia P.S. Case No.169/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T