Sumir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12054 of 2025 Arising Out of PS. Case No.-260 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== SUMIR KUMAR S/O RAM DAYAL MAHTO R/O VILLAGE- RAGHOUR P.S.-CHIRAIYA, DISTRICT- EAST CHAMPARAN, MOTIHARI ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra, Advocate Mr. Atul Kumar, Advocate Mr. Dhandev Kumar, Advocate For the Opposite Party/s :
Mrs.Asha Devi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and Mrs. Asha Devi, learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Chiraiya P.S. Case No. 260 of 2024 instituted for the offence under Sections 395, 397 of the Indian Penal Code.
3. The prosecution case, in brief, is that on 16.06.2024 when the informant was going to his house from his shop, he kept cash and other documents containing in a bag. In the way, when the informant reached near Raghopur Bridge, five miscreants on two motorcycles intercepted him on the point of pistol, they snatched his bag. It is further alleged that they assaulted the informant with the butt of pistol. Accordingly, the
Patna High Court CR. MISC. No.12054 of 2025(2) dt.21-02-2025 2/3 FIR.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the Petitioner has been dragged on the basis of confessional statement of co-accused person, namely, Laddu Yadav, as referred to the impugned order. It has also been argued by the learned counsel for the petitioner that nothing has been recovered from his possession and the petitioner is having no criminal antecedent. Further submission is that similarly situated co-accused has since been extended the privilege of bail vide order dated 24.01.2025 passed in Cr. Misc. No. 2653 of 2025.
5. In contra, learned APP appearing for the State opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Chiraiya P.S. Case No. 260 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sikarahna at
Patna High Court CR. MISC. No.12054 of 2025(2) dt.21-02-2025 3/3 Dhaka, Motihari, East Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Jagdish/- U T