Sagar Chaudhary @ Sagar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57972 of 2017 Arising Out of PS.Case No. -328 Year- 2015 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sagar Chaudhary @ Sagar Kumar S/o Dinesh Mehta R/O village- Jogia, P.S.- Barun, District- Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Madhuban P.S.Case No. 328 of 2015 registered under Sections 188 and 379 of the Indian Penal Code. It is stated by the learned counsel for the petitioner that in view of Section 195 of the Code of Criminal Procedure, no FIR could have been instituted for the offence punishable under Section 188 of the Indian Penal Code. So far as Section 379 of the Indian Penal Code is concerned, the same would not be attracted against the petitioner as admittedly he is the registered owner of the vehicle in question and the same was being plied by the driver, who came back with the vehicle and did not disclose that the same

Patna High Court Cr.Misc. No.57972 of 2017 (2) dt.20-12-2017 2/2 was not relieved of the election duty.

On the other hand, learned counsel for the State submitted that the ingredients of Section 379 of the Indian Penal Code would be clearly attracted in the present case as certain articles kept in the vehicle were also taken away by the driver without informing the informant.

Be that as it may, regard being had to the nature of allegation and the fact that the petitioner is the owner of the vehicle, in the event of arrest or surrender before the court below within four weeks from today, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Motihari in connection with Madhuban P.S.Case No. 328 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/- U T