Anupam Kumar Shahu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81793 of 2023 Arising Out of PS. Case No.-635 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== ANUPAM KUMAR SHAHU SON OF LATE RANJEET KUMAR SHAHU RESIDENT OF VILLAGE- RAHUL NAGAR SINGH COLONY DAMODARPUR, POLICE STATION- KANTI, DISTT.- MUZAFFARPUR. BUT IN F.I.R. IT HAS BEEN WRITTEN AS- ANUPAM KUMAR SHAHU MALE AGED ABOUT 54 YEARS SON OF RANJEET KUMAR SHAHU, RESIDENT OF VILLAGE- RAHUL NAGAR POST- DAMODARPUR SINGH COLONY, MUZAFFARPUR.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhubala Verma For the Opposite Party/s :
Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2Counsel for the petitioner submits that the soft copy of the supplementary counter affidavit has already been filed and counsel submits that hard copy may be accepted in this Court.
3. Ordered Accordingly.
4. The petitioner seeks regular bail in connection with Sursand P.S. Case No. 635 of 2022 registered on 04.12.2022 lodged under Sections 406/420/379 of the I.P.C.
5. As per the prosecution case, F.I.R. has been lodged against the present petitioner along with three other persons to
2/4 whom allegation is that he used to take the truck of the truck owner and rent them and subsequently arranged the things in such a manner that truck of those persons become subject to theft.
6. Counsel for the petitioner submits that the role of the petitioner is as like that of broker who used to arranged the trucks on rent with the consent of the owner and subsequently take the commission for the same.
7. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 26.07.2023 having total of 18 criminal case pending against him.
8. Learned counsel for the State opposes the prayer for bail.
9. Learned counsel for the informant vehemently opposes the prayer for bail and submits that the petitioner is the master mind of the cases and he has created the situation is such a way that Sitamarhi is now facing lack of truck for transportation. As per his knowledge, approx 50 truck has become traceless.
10. In the present facts and circumstances of this case and the submissions made above, let the petitioner above
3/4 named, be granted bail after framing of charge if not framed yet and on being satisfied by the trial Court that he is not absconding in any of the criminal cases pending against him which is mentioned below and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Pupri, Sitamarhi in connection with Sursand P.S. Case No. 635 of 2022, subject to the following conditions as well as the conditions laid down under Section 437 (3) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and
4/4 (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. • Brahampura P.S. Case No. 213/2010 • Sitamarhi P.S. Case No. 967/2022 • Sitamarhi P.S. Case No. 968/2022 • Sitamarhi P.S. Case No. 969/2022 • Sitamarhi P.S. Case No. 970/2022 • Sitamarhi P.S. Case No. 971/2022 • Sitamarhi P.S. Case No. 962/2022 • Sitamarhi P.S. Case No. 963/2022 • Sitamarhi P.S. Case No. 964/2022 • Sitamarhi P.S. Case No. 965/2022 • Sonbhadra P.S. Case No. 440/2022 • Sursand P.S. Case No. 633/2022 • Sursand P.S. Case No. 632/2022 • Sursand P.S. Case No. 634/2022 • Riga P.S. Case No. 568/2022 • Parsanui P.S. Case No. 306/2022 • Sursand P.S. Case No. 674/2022 • Sitamarhi P.S. Case No. 966/2022 (Dr. Anshuman, J) Sunnykr/- U