Patna HC granted anticipatory bail to an auto driver accused under IPC 379/411 in a theft case, releasing him upon surrender within four weeks upon furnishing a bail bond with sureties under CrPC 438(2).
Petitioner to be released on bail on surrender/arrest within four weeks upon furnishing bond of Rs. 10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.68226 of 2018
Arising Out of PS. Case No.-106 Year-2017 Thana- RAJEPUR District- East Champaran
======================================================
Ram Nath Kumar Son of Dashrath Mahto@ Dashrath Resident of VillageSiwaipatti, P.S. Siwaipatti, District-Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Dhurendra Kumar, Advocate For the Opposite Party/s : Smt. Rita Verma, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL ORDER
2 14-12-2018 Heard counsel for the petitioner and counsel
appearing on behalf of the State.
The petitioner is apprehending arrest in
connection with Rajepur P.S. Case No. 106 of 2017 for offences under Sections 379 and 411/34 of the Indian Penal Code.
The allegation against the petitioner is involvement in theft of a generator engine installed at State Tube well.
Learned counsel for the petitioner submits that the petitioner is the driver of the tempo and he has no criminal antecedent. He has been made accused in the instant case as his auto was used for loading of generator engine. According to the petitioner his auto was hired for the purpose of taking the generator for repair and in the meanwhile, his auto was seized on the ground that the auto was used for carrying the stolen
Patna High Court Cr.Misc. No.68226 of 2018(2) dt.14-12-2018 2/2
generator.
Considering the fact that the petitioner is auto driver and he has no criminal antecedent, let the petitioner, above named, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Sadar, East Champaran, Motihari in connection with Rajepur P.S. Case No. 106 of 2017, subject to the conditions as laid down under Section 438(2) Cr. P. C.
(Anil Kumar Upadhyay, J)
spandey/-
U T
1 issue framed by the court
Whether the petitioner apprehending arrest in theft case is entitled to grant of anticipatory bail.
1 provisions across 1 enactments
Ram Nath Kumar
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
