Mohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84999 of 2019 Arising Out of PS. Case No.-126 Year-2019 Thana- SANJHOLI District- Rohtas ====================================================== Mohit Kumar son of Shailendra Kumar Singh @ Shailendra Kumar Choudhary R/o village Uday Dehri P.S.Bikramganj, Dist. Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Prakash, Adv.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-12-2019 Heard learned counsel for the petitioner and the learned APP for State.

Petitioner apprehends arrest in connection with Sanjhauli P. S. Case No. 126 of 2019, instituted for the offence under Section(s) 147,149,323, 379 and 427 of the Indian Penal Code.

Having no criminal antecedents, it is submitted that the petitioner has wrongly been implicated in the instant case on account of lodging of a case by another co- accused in Sanjhauli P.S. Case No. 127 of 2019, wherein, it is alleged that co-accused Vijay Kumar met with an accident whereafter his motorcycle and certificates etc. were seized by the informant of the present

Patna High Court CR. MISC. No.84999 of 2019(2) dt.20-12-2019 2/3 case. Accordingly, the said Vijay Kumar and the petitioner along with others have been implicated in the instant case. No such offence, as alleged in the First Information report, has taken place and that general and omnibus allegation have been levelled against all the accused persons.

The learned APP for the State opposed the prayer for bail. Considering the aforesaid facts, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, before the court below, within four (04) weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bikramganj, in connection with Sanjhauli P. S. Case No. 126 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each

Patna High Court CR. MISC. No.84999 of 2019(2) dt.20-12-2019 3/3 date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U