Kanahiya Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13274 of 2022 Arising Out of PS. Case No.-192 Year-2021 Thana- SARAI RANJAN District- Samastipur ====================================================== KANAHIYA SAH Son of Vishwanath Sah Resident of Village - Ward no. 10, Balari @ Jagdishpur Deal, P.s.- Sarairanjan, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar No1, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-09-2022 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 457, 380 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a young boy of 24 years of age and the informant alleges that on 23.11.2021 at 12:30 mid-night while he was sleeping when four unknown miscreants entered his house and looted some valuables worth Rs. 1,28,000/- it is next alleged that informant can identify the accused, further he also spotted a black colour Splender motorcycle parked in front of his house.

Learned counsel for the petitioner submits that FIR

Patna High Court CR. MISC. No.13274 of 2022(2) dt.15-09-2022 2/3 was against unknown and during the course of investigation Raja and Dharmendra were apprehended with looted articles and based on the confessional statement of Raja the name of the petitioner transpired, the learned counsel for the petitioners submits that confessional statement per se does not have any evidentiary value, it is also submitted that petitioner is a young boy and if he is sent to jail, merely on the confessional statement of a co-accused, his entire career would get jeopardized, it is also submitted that the alleged black color Splender motorcycle does not belong to the petitioner. 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. 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 Sarairanjan P.S. Case No. 192 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.13274 of 2022(2) dt.15-09-2022 3/3 One of the bailors of the petitioner shall be his father, Vishwanath Sah.

(Satyavrat Verma, J) Shivam/- U T