Chitranjan Prasad @ Sardar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67017 of 2019 Arising Out of PS. Case No.-152 Year-2019 Thana- MADANPUR District- Aurangabad ====================================================== Chitranjan Prasad @ Sardar Son of Fonu Mahto Resident of Village-Bania, P.S.-Madanpur, District-Aurangabad.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv.
Mr. Vijay Anand, Adv.
For the State :
Mr.Parmeshwar Mehta, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Madanpur P.S. Case No. 152 of 2019 registered for the offences punishable under Sections 413/414 of the Indian Penal Code and 7 of Essential Commodities Act.
The informant claims that stolen iron rods and other articles were seized from the premises of the petitioner but submission on behalf of the petitioner is that seized articles belong to petitioner and as a matter of fact, not only iron rods but several other articles including PAN card and document relating to banks as well as some other articles were seized by the informant with mala fide intention. He further submits that
Patna High Court CR. MISC. No.67017 of 2019(3) dt.06-03-2020 2/3 petitioner was wrongly made accused in Amas P.S. Case No. 139 of 2019 registered under Section 395 of the I.P.C. and the police instituted the present case also against the petitioner. He further submits that petitioner has already been granted privilege of bail in Amas P.S. Case No. 139 of 2019.
It would appear from perusal of para 3 as well as submission of learned counsel of the petitioner that except Amas P.S. Case No. 139 of 2019 as well as present case, petitioner does not have any other criminal antecedent. Moreover, the first information report goes to show that several articles including iron rod etc. were seized from the premises of the petitioner. Furthermore, I find that Officer in Charge of Amas police station claimed that seized iron rods were looted property of Amas P.S. Case No. 139 of 2019 but except the aforesaid material, there is nothing to show that seized iron rods were stolen property of Amas P.S. Case No. 139 of 2019. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.67017 of 2019(3) dt.06-03-2020 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in Madanpur P.S. Case No. 152 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) shahzad/- U T