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Patna High CourtCR. MISC./6908/2025bail granted

Monu Kumar v. The State Of Bihar

2025-03-21Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6908 of 2025 Arising Out of PS. Case No.-107 Year-2024 Thana- Chhaudahi District- Begusarai ====================================================== Monu Kumar S/O Ravindra Sahni Resident of village- Baraipura, Ward No. 11, Police Station- Chhaudahi, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvottam Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-03-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Chhaudahi Police Station Case No. 107 of 2024, dated 11.08.2024, disclosing offences punishable under Sections 317(5)/336(3)/338 of the Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, as per the First Information Report, is that on 11.08.2024, at about 10 PM, during vehicle check, two persons coming on a motorcycle started fleeing away, however they were apprehended by the police, who disclosed their names as Rahul Kumar and Balram Kumar. When the police demanded the documents regarding the ownership of the vehicle in

Patna High Court CR. MISC. No.6908 of 2025(2) dt.21-03-2025 2/3 question, the apprehended persons did not show any paper and they further disclosed that the vehicle is a stolen one and co-accused Rahul Kumar had bought it from the petitioner.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case at the behest of the apprehended co-accused persons on the basis of their confessional statement(s). He further submits that except the confessional statement of co-accused persons, there is nothing on record to connect the petitioner with the alleged offence. He further submits that the petitioner has got no criminal antecedent.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner has got no criminal antecedent and the name of the petitioner transpired in the confessional statement of the co-accused persons, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing

Patna High Court CR. MISC. No.6908 of 2025(2) dt.21-03-2025 3/3 bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Manjhaul, Begusarai, in connection with Chhaudahi Police Station Case No. 107 of 2024, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √