Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16474 of 2024 Arising Out of PS. Case No.-846 Year-2023 Thana- JAHANABAD District- Jehanabad ====================================================== Raju Kumar S/o Lal Keshwar Chaudhary, Resident of Village- Chakdohra, P.S. Tehta (OP), District- Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Advocate.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Jehanabad (Town OP) P.S. Case No.846 of 2023 instituted under Section 392 of the Indian Penal Code and under Section 27 of Arms Act.

3. As per the prosecution case, informant alleged that while the informant alongwith his brother were going to their village, in the meantime they were intercepted by three miscreants, who were boarding in a Apache motorcycle. It is further alleged that while the miscreants were trying to snatch the valuables, in the meantime the Police vehicle came there and having noticed the Police vehicle all the miscreants except one succeeded in fleeing away after leaving their motorcycle.

Patna High Court CR. MISC. No.16474 of 2024(2) dt.19-03-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the F.I.R. has been instituted against unknown miscreants, however, during the course of investigation one co-accused Nitish Kumar was apprehended and he disclosed the name of the petitioner and others. Learned counsel submits that except the confessional statement of the co-accused no other incriminating material has been found against the petitioner. He further submits that petitioner has no criminal antecedent and he is ready to cooperate in the investigation. Learned counsel submits that similarly situated co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 31.01.2024 passed in Cr. Misc. No.2269 of 2024.

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

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.16474 of 2024(2) dt.19-03-2024 3/3 sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad (Town OP) P.S. Case No.846 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T