Bijo Das @ Bijendra Das @ Vijenaara Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12036 of 2024 Arising Out of PS. Case No.-484 Year-2023 Thana- BANMANKHI District- Purnia ====================================================== Bijo Das @ Bijendra Das @ Vijenaara Das SON OF LATRU DAS RESIDENT OF VILLAGE- DHARHARA, PS- BANMANKHI,DISTTPURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad For the Opposite Party/s :

Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-03-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 401, 413, 414 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and he came to be implicated in the instant case based on confessional statement of co-accused in police custody. It is further submitted that based on the confessional statement of the co-accused, the house of the petitioner was raided from where 14 stolen bicycles are said to have been recovered.

4. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.12036 of 2024(2) dt.11-03-2024 2/3 petitioner has been falsely implicated in the case with an allegation that the bicycles were recovered from his courtyard when the same was recovered from a place near his shop. It is further submitted that the alleged raid was made at 03:00 PM when the villagers come to the market for purchasing goods and since the shop of the petitioner is also there in the market which is near his house, as such, the bicycles were standing. It is further submitted, at the cost of repetition, that petitioner is a person with clean antecedent. It is also submitted that the petitioner will not abscond rather will co-operate in the investigation.

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

6. 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. 20,000/- (Rupees Twenty 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 Banmankhi P.S. Case No. 484 of 2023 subject to the conditions as laid down

Patna High Court CR. MISC. No.12036 of 2024(2) dt.11-03-2024 3/3 under Section 438 (2) of the Cr.P.C.

7. One of the bailors of the petitioner shall be his father, Latru Das.

8. 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 co-operating in the investigation, in that event the learned Trial Court shall be at liberty to forthwith cancel the bail bonds of the petitioner and to take all coercive steps to ensure that petitioner is behind bars.

9. It is further made clear that in the event if the police after investigation submits charge sheet connecting the petitioner with the offence, in that event, the present anticipatory bail order shall lose its effect.

(Satyavrat Verma, J) Rishabh/- U T