Chandan Kumar @ Chandan Dass v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12071 of 2022 Arising Out of PS. Case No.-408 Year-2021 Thana- MAKHDUMPUR District- Jehanabad ====================================================== CHANDAN KUMAR @ CHANDAN DASS SON OF ABDHESH DAS R/O VILLAGE- BAZAR TALI, P.O.- KALPA, P.S.- JEHANABAD, DISTRICTJEHANABAD ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s:
Mr. Chandra Sen Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks.
The petitioner apprehends his arrest in a case registered for the offence punishable under Section 379 of the Indian Penal Code.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a young boy of 22 years of age.
The informant alleges that he resides in a rental house at Tehta Bazar and, on 07.11.2021, in the night, he had parked his car in front of his house but in the very next morning his car was stolen away by unknown thieves.
Patna High Court CR. MISC. No.12071 of 2022(2) dt.12-09-2022 2/3 Learned counsel for the petitioner submits that FIR was against unknown and the car was recovered within hours of institution of the FIR from one Shashi Kumar who disclosed the name of the petitioner in his confessional statement. He further submits that confessional statement per se does not have any evidentiary value in the eye of law. The petitioner is a student and is a young boy and in the event if he is sent to custody his entire career would be jeopardized as petitioner has completed his B.A. 1st Part Examination from S.S. College, Jehanabad and presently has taken admission in B.A. 2nd Year. 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 and the fact that petitioner is a young boy, aged about 22 years, and is a student, the petitioner abovenamed, 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 Makhdumpur (Tehta O.P.) P.S. Case No.
Patna High Court CR. MISC. No.12071 of 2022(2) dt.12-09-2022 3/3 the conditions as laid down under Section 438 (2) of the Cr.P.C. and further one of the bailors of the petitioner shall be his father, namely, Abdhesh Das.
(Satyavrat Verma, J) Kundan/Gaurav U T