Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80662 of 2024 Arising Out of PS. Case No.-519 Year-2023 Thana- SONEPUR District- Saran ====================================================== Niraj Kumar Son of Mithilesh Kumar @ Mithlesh Kumar Resident of Village - Rahat Diyar, P.S.- Sonepur, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Rakesh Chandra, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code.

3. The allegation levelled against the petitioner is that he along with other co-accused committed theft of the alleged tractor which has been seized in connection with Sonepur P.S. Case No. 510 of 2023 by the police.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has falsely been implicated in this case due to ulterior

Patna High Court CR. MISC. No.80662 of 2024(2) dt.09-12-2024 2/3 motive. The allegation levelled against the petitioner is totally false and based on concocted facts. The real fact of the case is that the petitioner is the registered owner of the seized vehicle and being the owner of the said vehicle, he has applied for release of his vehicle and finally the same has been released in favour of the petitioner on 12.02.2024. It is further submitted that so far the allegation of illegal transportation of sand from the vehicle in question is concerned, the petitioner has already deposited the required fine and penalty on 23.11.2023 and 02.12.2023. Learned counsel further submits that petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, since the vehicle has been released in favour of the petitioner on 12.02.2024, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sonepur P.S. Case

Patna High Court CR. MISC. No.80662 of 2024(2) dt.09-12-2024 3/3 No. 519 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T