This order grants anticipatory bail to the petitioner Sanjeev Kumar in a case for theft under Section 379 IPC. The court considered the petitioner's clean antecedents and lack of involvement in the offence.
The petitioner is directed to be released on anticipatory bail upon arrest/surrender, subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8798 of 2020
Arising Out of PS. Case No.-195 Year-2019 Thana- PARAIYA District- Gaya
======================================================
SANJEEV KUMAR Son of Sri Vijay Singh Resident of Village - Lodipur, P.S.- Paraiya, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar No2 For the Opposite Party/s : Mr.Sanjay Kumar Tiwary ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 28-02-2020
Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Paraiya P.S. Case No. 195 of 2019 for the offence registered under Section 379 of the Indian Penal Code.
The allegation is regarding unknown miscreants having been involved in loading sand in illegal manner on the tractor and trying to flee away, however, they were intercepted by the Police and the driver of the said tractor in question is stated to have fled away.
The learned counsel for the petitioner has submitted that the petitioner is innocent, is having a clean antecedent and has got no complicity in the matter. It is further submitted by referring to paragraph no. 7 of the present petition that the
Patna High Court CR. MISC. No.8798 of 2020(2) dt.28-02-2020 2/2
petitioner has got no concern either with the seized sand or with the tractor in question.
Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel for the petitioner, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.
Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Gaya in connection with Paraiya P.S. Case No. 195 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J)
S.Sb/-
U T
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail in the present case.
1 provisions across 1 enactments
Sanjeev Kumar
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
