Shivkant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3832 of 2020 Arising Out of PS. Case No.-377 Year-2019 Thana- BARH District- Patna ====================================================== SHIVKANT KUMAR Son of Ram Narayan Paswan Resident of Village - Dhanwan, P.S.- Barh, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhinay Raj For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barh P.S. Case No. 377 of 2019 for the offence registered under Section 392 of the Indian Penal Code. The allegation is regarding unknown miscreants having intercepted the informant and snatched his Tab, a sum of Rs. 48,000/- and a Biometric machine.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he is having a clean antecedent. It is submitted that the name of the petitioner has transpired in the present case on account of the confessional statement made by the co-accused person, namely, Chhotu Kumar from whom the looted articles have

Patna High Court CR. MISC. No.3832 of 2020(2) dt.21-01-2020 2/2 been recovered. Lastly, it is submitted that as far as the petitioner is concerned, he is having no complicity in the matter. Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner coupled with the fact that the petitioner is having a clean antecedent and undertakes to join investigation as also the ensuing trial, 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 Judicial Magistrate, Barh in connection with Barh P.S. Case No. 377 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