Anand Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49389 of 2018 Arising Out of PS.Case No. -90 Year- 2018 Thana -SANHOLA District- BHAGALPUR ======================================================

1. Anand Kumar Singh, Son of Sri Umesh Narayan Singh, Resident of Village- Madhurapur @ Mathurapur, Police Station- Bidupurr, DistrictVaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Maharaj, Advocate For the Opposite Party/s : Mr. Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Sanhaula P.S.Case No. 90 of 2018, registered for offences punishable under Section 381 and 408 of the Indian Penal Code. As per F.I.R. allegation against the petitioner is that the petitioner, who is driver of the vehicle and he informed the informant that he along with another person is going to load stone chips from other plant and thereafter the petitioner disconnect the phone of the informant and after being searched the GPS location of the vehicle, it was found on Kahalgaon- Ghogha road and after some time, proceeded towards Sanhaula road and thereafter on

Patna High Court Cr.Misc. No.49389 of 2018 (2) dt.03-10-2018 2/3 information to S.D.P.O., Kahalgaon, the vehicle was stopped and out of collection of Rs. 34,000/-, only Rs. 10,000/- was given by the driver. It is also alleged that the brother of the petitioner cuts the vehicle in Durgapur, West Bengal and the petitioner was also trying to sell the vehicle in collusion with his brother. Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and the informant has not mentioned the name of the person, who had informed alleging the petitioner fleeing away with the vehicle and the petitioner is in custody since 24.05.2018. Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Sanhaula P.S.Case No. 90 of 2018, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or

Patna High Court Cr.Misc. No.49389 of 2018 (2) dt.03-10-2018 3/3 tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T