Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14661 of 2025 Arising Out of PS. Case No.-295 Year-2024 Thana- BEUR District- Patna ====================================================== Suman Kumar S/o Hareshwar Yadav, Resident of Village- Sukathiyan, PSLahsuna Masaurhi, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Barun Prasad, Advocate.

For the Opposite Party/s :

Mr. Parmanand Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Beur P.S. Case No.295 of 2024 instituted under Section 379 of the Indian Penal Code.

3. As per the prosecution case, on 05.06.2024 at about 11.00 hours the tempo of informant was booked by three passengers for going to Mithapur NH but when the informant reached at Nathupur NH he stopped his vehicle for urination and got down, then all the accused persons fled away with the tempo and Mobile phone of informant.

3. Learned counsel for the petitioner submits that petitioner is quite innocent and has been falsely implicated in this case only on the basis of confessional statement of the coaccused, namely, Ankit Raj @ Bansi. He further submits that

Patna High Court CR. MISC. No.14661 of 2025(2) dt.28-03-2025 2/2 petitioner is working as a labour and he has no concern with the co-accused. Learned counsel submits that nothing has been recovered from the possession of petitioner. He further submits that except the confessional statement of co-accused, there is no material against the petitioner. Learned counsel submits that petitioner has one criminal antecedent, in which he is on bail and he undertakes to co-operate in the investigation.

4. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

5. 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 petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M.-I, Patna in connection with Beur P.S. Case No.295 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Ritik/- U T