Sanoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66559 of 2023 Arising Out of PS. Case No.-121 Year-2023 Thana- DUMARIAGHAT District- East Champaran ====================================================== Sanoj Kumar S/O Bholi Raut R/O Village- Dilawarpur, Ps. Kesariya, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha, Advocate Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Dumariyaghat P.S. Case No.121 of 2023 instituted under Sections 413, 414 and 34 of the Indian Penal Code.

3. As per the prosecution case, during course of patrolling, seeing the police, two persons started fleeing away leaving the car. It is alleged that on chase, one person was apprehended who disclosed his name as Dhiraj Kumar @ Niraj Kumar and another person succeeded in fleeing away. There is recovery of 40 litres of diesel and other materials from the car of the petitioner.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.66559 of 2023(3) dt.08-12-2023 2/2 petitioner is the owner of the car in question, who had given the said car on hire to one Dhiraj Kumar and he had no knowledge about the activity of Dhiraj Kumar. The petitioner has no criminal antecedent and he has falsely been implicated in this case merely being the owner of the said vehicle. Nothing incriminating has been recovered from conscious possession of the petitioner.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran in connection with Dumariyaghat P.S. Case No.121 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Harish/- U T