Atul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24200 of 2021 Arising Out of PS. Case No.-342 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== ATUL KUMAR Son of Ram Japu Chaudhary Resident of Village - Matchi, P.S.- Belsand, District - Sitamarhi. At present - Resident of Mohalla - Kalambagh Chauck, P.S.- Kazi Mohhamadpur, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Adv.

Mr. Saket Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Gaighat P.S. Case no. 342/2019 instituted for the offence under Section 395 of the Indian Penal Code.

It is a case of robbery of Rs. 2.5 lac by the petitioner in connivance with other accused persons.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The name of the petitioner came into light in this case on the basis of his confessional statement made in Ahiyapur P.C. Case No. 1185 of 2019. No stolen article has been recovered

Patna High Court CR. MISC. No.24200 of 2021(4) dt.12-09-2022 2/2 from his conscious possession. He has been falsely implicated in this case.

Learned APP appearing for the State has opposed the prayer of Bail but submitted that there is no consistent material available in the case diary against the material. 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 Gaighat P.S. Case no. 342 of 2019, 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 ACJM-15, Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U