Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70047 of 2018 Arising Out of PS. Case No.-105 Year-2018 Thana- SRINAGAR District- West Champaran ====================================================== Sanjay Kumar, Son of Late Shyam Kishore Mistri, Resident of Ward No.23, Near Supriya Cinema, Police Station- Bettiah Town, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arbind Kumar Singh For the Opposite Party/s :
Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-12-2018 Heard learned counsels for the parties.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420,414 and 413 of the IPC.
The prosecution case as per the self statement of SI Shahid Anwar Ansari is to the effect that on 14.7.2018 at 2.55 P.M., the informant received a secret information that a truck bearing registration no. OR-04-G-6142 is parked on the door of co-accused Rambabu Choudhary and some unknown persons were tampering with the parts of the said parked truck. When the informant along with other police personnel reached there, the driver of the truck along with three others tried to flee away but they were apprehended. On
Patna High Court Cr.Misc. No.70047 of 2018(2) dt.05-12-2018 2/3 interrogation, apprehended persons disclosed their names as Ram Babu Choudhary, Pramod Choudhary, Md. Kaish alias Md. Javed and Md. Razik alias Bhenda. On enquiry, they disclosed that on the order of the petitioner being owner of Champaran Machine Shop, the chassis number and engine number of truck in question was supposed to be changed. It is submitted by learned counsel for the petitioner that the thrust of accusation is against other FIR named accused persons and the name of the petitioner sprang up on the confessional statement of co-accused Rambabu Chaudhary. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Considering the fact that the name of the petitioner sprang up on the confessional statement of co-accused Rambabu Chaudhary coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned JM Ist Class, West Champaran, Bettiah in connection with Srinagar Pujaha P.S. Case No.
Patna High Court Cr.Misc. No.70047 of 2018(2) dt.05-12-2018 3/3 conditions laid down in Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U