Rambabu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9506 of 2022 Arising Out of PS. Case No.-948 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== RAMBABU RAI SON OF NAGINA RAY R/O VILLAGE- BAGHMUSHA, P.S.- TOWN HAJIPUR, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-09-2022 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 Sections 399, 402 and 414 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant who is a police officer alleges that he got information about roberry in a mango orchard by 7-8 unidentified accused who were armed with weapons and when police team reached the place of occurrence, it is alleged that four accused were apprehended while four accused fled away, it is next alleged that from the

Patna High Court CR. MISC. No.9506 of 2022(2) dt.05-09-2022 2/3 apprehended accused, pistol and cartridges along with mobile were recovered and the name of the petitioner transpired in the confessional statement of co-accused. Learned counsel for the petitioner submits that admittedly petitioner would not arrested from the spot as such nothing was recovered from his conscious possession, it is also submitted that based on confessional statement, the petitioner has been implicated and confessional statement in police custody as such has no evidentiary value. 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 trial court 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 trial court where the case is pending/successor court in connection with Hajipur P.S. Case No. 948 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.9506 of 2022(2) dt.05-09-2022 3/3 One of the bailors of the petitioner shall be his father (Nagina Ray).

(Satyavrat Verma, J) Shivam/- U T