Anupam Kumar Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66807 of 2023 Arising Out of PS. Case No.-965 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== ANUPAM KUMAR SAHU son of Late Ranjeet Kumar Sahu Village- Rahul Nagar Damodarpur Singh Colony PS- kanti Dist- Muzaffarpur ... ... Petitioner/s

Versus

1.

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

For the Petitioner/s :

Mr. Madhubala Verma, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Sitamarhi P.S. Case no.965 of 2022 registered under sections 379, 406 and 420 of the Indian Penal Code.

3. As per the prosecution case, the informant states that an agreement was entered into between him on one hand and Nagendra Kumar Singh and Satendra Kumar on the other, on the basis of which the informant's truck was hired by the said two persons on the conditions as reproduced in paragraph no.1 of the F.I.R. The informant further states that for sometime some amount with respect to the hired truck was also transferred from the account of the petitioner to the informant's account but subsequently the payments were not made.

Patna High Court CR. MISC. No.66807 of 2023(2) dt.17-10-2023 2/2

4. Learned counsel for the petitioner submits that from the contents of the F.I.R itself it would transpire that the categorical assertion of the informant is to the effect that the agreement was between him and two other co-accused and not the petitioner herein. Even otherwise the allegation is primarily civil in nature being non-payment of the rent against the hired truck, the petitioner is in custody since 15.6.2023 and has been falsely implicated in the case. Charge-sheet has been submitted in the case.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, his being in custody since 15.6.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Sitamarhi P.S. Case no.965 of 2022 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 Chief Judicial Magistrate, Sitamarhi.

(Partha Sarthy, J) Shiv/- U T