Gajendra Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78803 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- JHANJHARPUR District- Madhubani ====================================================== Gajendra Prasad Singh Son of Mahendra Prasad Singh R/O Vill.- Mukundpur Bath, P.S.- Jandaha, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Khushi Awadh For the Opposite Party/s :

Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-11-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Jhanjharpur Police Station Case No. 07 of 2024, disclosing offences under Sections 419, 420, 384, 467, 468, 471 of the Indian Penal Code.

3. As per the FIR, on 26.12.2023, while the informant was on his way towards Parmarga via Jhanjharpur on his pickup van on a national higway, vehicle having police light and sticker arrived there in which three to four people were sitting. They abused and assaulted the informant and others and took money from the informant for which two receipts were handed over to him. The vehicle number of the police vehicle is BR-01PJ-4021.

Patna High Court CR. MISC. No.78803 of 2024(2) dt.28-11-2024 2/3

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case merely because he happens to be the registered owner of the vehicle in question upon which three to four people were sitting having police light and sticker. The petitioner has retired from the police department as a Hawildar and is aged about 72 years and after his retirement, he purchased the vehicle in question for earning his livelihood. The vehicle was being hired by the police personnel for official purposes and patrolling for which the petitioner was paid money which would be evident from the bills paid to the petitioner by the police department annexed at Annexure P/3. The petitioner was not aware about the incident which was committed through the vehicle owned by the petitioner and there is a delay in lodging the FIR i.e., for an incident which took place on 26.12.2023 the FIR has been lodged on 14.01.2024.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the vehicle of the petitioner was hired by the police department for which the petitioner was being paid money by the Superintendent of Police, Samastipur, at Annexure P/3 and the petitioner is retired police officer, I am inclined to grant the

Patna High Court CR. MISC. No.78803 of 2024(2) dt.28-11-2024 3/3 petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani, in connection with Jhanjharpur Police Station Case No. 07 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T