Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52058 of 2019 Arising Out of PS. Case No.-55 Year-2019 Thana- CHANDI District- Bhojpur ====================================================== 1.

BHOLA KUMAR Son of Abhay Yadav @ Abhay Singh Resident of Village - Salempur, P.S.- Chandi, District - Bhojpur 2.

Sanuj Kumar @ Sanoj Kumar Son of Bhagat Yadav Resident of Village - Salempur, P.S.- Chandi, District - Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Chandi P.S. Case No. 55 of 2019, disclosing the offence under Sections 379, 414, 34 of the Indian Penal Code. The informant is a truck driver. Allegedly, when he had left his truck parked on a road to ease himself, the miscreants entered into the truck and took away his mobile and valuables. After having noticed the occurrence taking place, the miscreants were chased, one of whom was caught hold of, who is said to have disclosed the names of these petitioners. Learned counsel appearing on behalf of the petitioner has submitted that they have no criminal antecedent

Patna High Court CR. MISC. No.52058 of 2019(2) dt.21-08-2019 2/2 and only on the basis of disclosure made by the co-accused before a private person, the petitioners have been implicated. Considering the manner in which the name of these petitioners has surfaced and the fact that petitioners have no criminal antecedent, this application is allowed. Let the petitioners, above-named, in the event of their 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) each, with two sureties of the like amount each, to the satisfaction of the learned ACJM-12th, Bhojpur at Ara in Chandi P.S. Case No. 55 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 petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T