Anand Singh @ Abinal Kumar @ Abhinay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26373 of 2018 Arising Out of PS.Case No. -45 Year- 2018 Thana -ARWAL District- JEHANABAD ====================================================== Anand Singh @ Abinal Kumar @ Abhinay Kumar, S/o Anil Kumar, R/o Village- Amhara, P.S.- Bihta, District- Patna. .... .... Petitioner
Versus
The State of Bihar. . ... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 04-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Arwal P.S. Case No. 45 of 2018 registered under Sections 379, 414 and 120B of the Indian Penal Code.
It is submitted that the entire allegations made in the first information report is misconceived. There is neither any allegation of theft nor any allegation of recovery of stolen article from the possession of the petitioner and without appreciating the provisions of law, Officer-in-charge of the police station has instituted case under Sections 379, 414 and 120B of the Indian
Patna High Court Cr.Misc. No.26373 of 2018 (2) dt.04-05-2018 Penal Code.
On the other hand, learned counsel for the State submitted that though there is no direct allegation of theft or recovery of stolen article, but it is stated in the first information report that on inquiry the driver failed to produce owner book and other documents relating to the vehicle.
Considering the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail 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, Arwal in connection with Arwal P.S. Case No.45 of 2018 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T