Patna High CourtCR. MISC./81950/2019bail granted

Santosh Chaudhary v. The State Of Bihar

2020-01-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81950 of 2019 Arising Out of PS. Case No.-706 Year-2019 Thana- MASAUDHI District- Patna ====================================================== SANTOSH CHAUDHARY Son of Late Ambika Chaudhary, Resident of Mohalla - Ward No. 4, Pethiya Bazar, P.S.- Phulwari Sharif, District - Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Masaurhi P.S. Case No. 706 of 2019 for the offence punishable under Section 379 and 411 of the Indian Penal Code. The allegation is regarding the Scorpio vehicle of the petitioner having been apprehended by the police, whereafter five goats were recovered, which are stated to be stolen goats. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he is having clean antecedent. It is further submitted that admittedly the vehicle in question is not a stolen vehicle and the petitioner has been roped in the present case on account of oblique motive.

Patna High Court CR. MISC. No.81950 of 2019(2) dt.21-01-2020 2/2 Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, coupled with the fact that the vehicle in question is not a stolen vehicle, I deem it fit and proper to direct for release of the petitioner on anticipatory bail. Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioners above named are directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Masaurhi in connection with Masaurhi P.S. Case No. 706 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Tiwary/- U T