Chhotu @ Sankaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4887 of 2024 Arising Out of PS. Case No.-129 Year-2021 Thana- PARASBIGHA District- Jehanabad ====================================================== Chhotu @ Sankaj Son of Radhey Shyam Yadav R/o vill - Rasula, P.S. - Kako, Distt. - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 392 of the IPC.

3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and came to be implicated in the instant case based on confessional statement of co-accused in police custody which does not have any evidentiary value. It is further submitted that petitioner was not present at the place of occurrence. It is next submitted that allegation in the FIR is of snatching a pickup van. The learned counsel next submits that petitioner will not abscond rather will cooperate in the investigation.

4. The learned APP opposes the anticipatory bail

Patna High Court CR. MISC. No.4887 of 2024(2) dt.21-02-2024 2/2 application.

5. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Parsbigha P.S. Case No.129 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that petitioner despite giving assurance to this Court is not cooperating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bond of the petitioner.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T