Patna High CourtCR. MISC./73081/2023bail granted

Sumit Ranjan Srivastava v. The State Of Bihar

2023-11-23Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73081 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- AIRPORT District- Patna ====================================================== Sumit Ranjan Srivastava Son Of Shankar Kumar Verma @ Shanker Kumar Verma R/O Khajpura, Yogendra Place Apartment, Flat No. 301, P.S.- Hawai Adda, Dist.- Patna ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shambhu Narayan Singh, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Hawai Adda P.S. Case No. 39 of 2023 dated 25.02.2023 registered for the offence/s punishable u/ss 341, 323, 379, 427, 440 and 504 of the Indian Penal Code.

4. As per the prosecution case, the petitioner is alleged to have travelled various places in Patna by the informant's OLA cab and left the cab without sharing OTP and giving any fare. When the driver of the said OLA cab objected and demanded

Patna High Court CR. MISC. No.73081 of 2023(2) dt.23-11-2023 2/3 fare of the cab, the petitioner abused and assaulted him and took the papers of the said vehicle and some money from his pocket.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Learned counsel has submitted that the said OLA cab was booked by a mobile number i.e. 7280005285, but the said mobile no. does not belong to the petitioner. The petitioner has four other criminal cases and he is on bail in two criminal cases and he has been acquitted in two other criminal cases as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Patna in connection with Hawai Adda P.S. Case No. 39 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition/s:-

Patna High Court CR. MISC. No.73081 of 2023(2) dt.23-11-2023 3/3 (i) The court below shall verify the criminal antecedent of the petitioner and at any stage, if it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T