Ganga Ram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77270 of 2024 Arising Out of PS. Case No.-121 Year-2021 Thana- SAKRI District- Madhubani ====================================================== Ganga Ram Paswan Son of Bachchelal Paswan R/o Vill.- Ratikar, P.O.- Bhatimar, Ward No.7, P.S.- Raj Nagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-11-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Sakri P.S. Case No. 121 of 2021 dated 01.07.2021 registered under Section 379 of the I.P.C.

3. As per the first information report the Police got information on 30.06.2021 that in the industrial area near the Kanakdahara water factory a motorcycle having registration no. BR-32Z-5581 is parked and 20 pieces of iron angles have been kept near the motorcycle. Upon this information, the police party reached near the factory and upon seeing the police party 6-7 persons started fleeing away and succeeded in the same. The motorcycle as well as 20 small and big iron angles have been

Patna High Court CR. MISC. No.77270 of 2024(2) dt.21-11-2024 2/3 recovered. The Police has raised suspicion that iron angles have been stolen from the closed factory. The name of the petitioner has come on the basis that he is registered owner of the motorcycle.

4. Learned counsel for the petitioner submits that petitioner is having no criminal antecedent and has been working in a private company at Mumbai. He has been made accused on the basis of the fact that he happens to be the registered owner of the motorcycle. The petitioner purchased the motorcycle in question on loan for gifting the same in the marriage of his daughter and accordingly gifted the motorcycle to his daughter / son-in-law.

5. Regard being had to the submission made by the parties, taking into consideration the fact that petitioner is having no criminal antecedent and he has been made accused only on the basis of being the owner of the motorcycle in question, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Sakri P.S. Case No.

Patna High Court CR. MISC. No.77270 of 2024(2) dt.21-11-2024 3/3 121 of 2021 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T