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Patna High CourtCR. MISC./72145/2024allowed

Sonu Kumar @ Sonu Yadav v. The State Of Bihar

2024-10-23Mr. Justice Alok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72145 of 2024 Arising Out of PS. Case No.-70 Year-2024 Thana- SIKTA District- West Champaran ====================================================== Sonu Kumar @ Sonu Yadav Son of Binod Yadav R/o - Dudhaura, Ward No.- 05, Damrapur, P.S-Manpur, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Sikta P.S. Case No. 70 of 2024 registered for the offences punishable under Sections 414, 420, 467, 468 and 471 of the Indian Penal Code.

3. As per prosecution case, co-accused Anurag yadav was apprehended with motorcycle in question and he disclosed that the said motorcycle is stolen one and he had purchased the motorcycle in question from Sonu Kumar (petitioner).

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears criminal antecedent of one case in which he is already on bail and it is not similar to the present case. He further submits that except

Patna High Court CR. MISC. No.72145 of 2024(2) dt.23-10-2024 2/2 disclosure of co-accused,Anurag Yadav, there is nothing on record to demonstrate the complicity of petitioner with the alleged occurrence. It is further submitted that allegation against the petitioner is well planned as occurrence took place on 01.06.2024 and FIR was lodged on 02.06.2024 and there is no plausible explanation given for delay in lodging the FIR.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides, the petitioner abovenamed, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, West Champaran, Bettiah in connection with Sikta P.S. Case No. 70 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Alok Kumar Pandey, J) vashudha/- U T