Anuj Kumar Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86163 of 2019 Arising Out of PS. Case No.-169 Year-2019 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== ANUJ KUMAR PAL, Son of Mohan Pal Resident of Village-Lalapur (Kudra), P.S.-Kudra, District-Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Mohania P.S. Case No. 169 of 2019, registered under Sections 420, 467, 468, 401, 413, 411 and 120(B) of the I.P.C. The accusation is that in course of investigation of 163 of 2019 regarding loot of two trucks loaded with rice, the informant came to know that out of two trucks, one loaded truck was recovered from the Kudra Sakari more and other near Dumraon railway station. On the basis of C.C. TV footage, one Vikash Kumar, driver of Scorpio was arrested by the Police, who gave his statement before the Police that his Scorpio vehicle was taken by 10 persons named in the F.I.R. including the petitioner on hire, who are involved in loot of the trucks.

Patna High Court CR. MISC. No.86163 of 2019(2) dt.20-01-2020 2/2 Learned counsel for the petitioner submits that no incriminating material has been recovered from the possession of the petitioner. Further submission is that after arrest in the present case, he has been remanded in Mohania P.S. Case No. 163 of 2019 in which he has been granted pre-arrest bail. Further submission is that after investigation, the Police submitted Chargesheet against the petitioner and similarly situated co-accused Rakesh Kumar Pal, whose name has also been come in the statement of Vikash Kumar, driver of the Scorpio, has already been allowed privilege of bail on 22.07.2019 vide Criminal Miscellaneous No. 44861 of 2019. The petitioner is in custody since 15.10.2019.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Kaimur at Bhabua in connection with Mohania P.S. Case No. 169 of 2019. Out of two sureties, one surety must be parents/close relative of the petitioner.

(Rajendra Kumar Mishra, J) manish/- U T