Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14593 of 2020 Arising Out of PS. Case No.-114 Year-2019 Thana- SONEPUR District- Saran ====================================================== SACHIN KUMAR S/o- Sunil Prasad @ Suneel Prasad Resident of Ward - 51, Shaikh Dumari, Gopalpur, P.S.- Sonpur, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Arun Kumar Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-07-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Sri Ashok Kumar, the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Sonpur P.S. Case No. 114 of 2019 registered for the offence punishable under Sections 395 of the Indian Penal Code.

The allegation is that while the informant was

Patna High Court CR. MISC. No.14593 of 2020(2) dt.03-07-2020 2/3 going to his village Saraiya on a scooty on 18.9.2019 at about 10:00 PM. and had reached at Seobachan Singh Chowk, six persons riding on two motorcycles had arrived there and on pistol point, had snatched the scooty, mobile, purse and cash amount from the informant as also had taken away various documents from the dickey of the said scooty.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is not named in the FIR and he is having a clean antecedent. It is further submitted that the name of the petitioner has transpired in the present case upon the confessional statement of the co-accused person, namely, Ankit Kumar.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the fact that the petitioner is

Patna High Court CR. MISC. No.14593 of 2020(2) dt.03-07-2020 3/3 not named in the FIR and he is having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail. Accordingly, the petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Sonpur P.S.Case No. 114 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Ajay/- U T