Sonma @ Bhutwa @ Md Israfil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2814 of 2022 Arising Out of PS. Case No.-104 Year-2021 Thana- SHANKARPUR District- Madhepura ====================================================== Sonma @ Bhutwa @ Md Israfil Son Of Ayub Resident Of VillageNishiharpur, Ward No.02, Police Station- Shankarpur, District- Madhepura. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad- Advocate For the Opposite Party/s :

Mr. Rabindra Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 392 and 411 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that while he was returning after attending marriage ceremony when he was intercepted by accused persons and they snatched his video camera and tried to flee, but out of them, one was apprehended, who disclosed his name as Md. Dildar from whom, the camera was recovered and he disclosed the name of the accused, who fled as petitioner and two others. The learned counsel for the petitioner submits that admittedly, the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is

Patna High Court CR. MISC. No.2814 of 2022(3) dt.11-08-2022 2/2 next submitted that his name transpired in the confessional statement of co-accused, which has no evidentiary value and petitioner is a person with clean antecedent and is a young boy of 19 years of age.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Shankarpur P. S. Case No.104 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C., subject to condition that one of the bailors of the petitioner shall be his father namely, Md. Ayub.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T