Chhotu Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6152 of 2022 Arising Out of PS. Case No.-184 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== CHHOTU KUMAR SHARMA Son of - Hardeo Sharma Resident of Village - Badi Tarauna Chodhali, P.S. Beldaur, District - Khagaria (Bihar). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishweshwar Ram, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 08.07.2020 at 8:00 pm, his wife while returning from treatment called him to take her back home because of which the informant in a haste took the neighbor's motorcycle, it is next alleged that at about 9:30 pm near Sukahi Basa 3-4 unidentified accused surrounded them and two of them took the bike and snatched his wife's golden chakti and his mobile on gunpoint and two accused fled on foot and two of the accused

Patna High Court CR. MISC. No.6152 of 2022(2) dt.22-08-2022 2/3 fled on the bike which they had snatched, it is next alleged that in light of the bike, one accused was identified by the informant as Md. Akbar.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is further submitted that it absolutely does not stand to reason that a person who is known to the informant would commit the occurrence and thus would create evidence against himself. Learned counsel submits that name of the petitioner came in the confessional statement of Mithun Kumar which has no evidentiary value, even the motorcycle was recovered from another co-accused Lalo.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Beldaur P.S.

Patna High Court CR. MISC. No.6152 of 2022(2) dt.22-08-2022 3/3 Case No. 184 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. with a condition that one of the bailor of the petitioner shall be his father, Hardeo Sharma. (Satyavrat Verma, J) Rishi/- U T