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Patna High CourtCR. MISC./17802/2024bail granted

Anurag Kumar @ Bittu @ Bittu Kumar @ Anurag v. The State Of Bihar

2024-03-14Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17802 of 2024 Arising Out of PS. Case No.-411 Year-2017 Thana- BAKHTIYARPUR District- Patna ====================================================== Anurag Kumar @ Bittu @ Bittu Kumar @ Anurag, Son of Jalgovind Singh @ Rai Resident of Village-Ghoswari, Police Station-Bakhtiyarpur, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Adv.

For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Bakhtiarpur P.S. Case No. 411 of 2017, lodged on 24.09.2017 under Section 394 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against one named and two unknown accused persons other than the present petitioner against whom there is an allegation that they have attacked the informant, snatched his bag and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner is not named in the FIR. Counsel

Patna High Court CR. MISC. No.17802 of 2024(2) dt.14-03-2024 2/3 submits that the petitioner's name has been figured in this case only by virtue of confessional statement of the co-accused. Counsel further submits that nothing incriminating was recovered from the petitioner's possession nor he was put on TIP.

5. Learned counsel for the petitioner submits that the criminal antecedent of the petitioner is not clean and there are three criminal cases pending against him in which he is on bail, but those cases are not relating to robbery or dacoity. The petitioner is in custody since 05.01.2024 in the present case. Counsel also submits that other accused person has been granted bail by the Co-ordinate Bench of this Court vide order dated 04.08.2023 passed in Cr. Misc. No. 45282 of 2023.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Barh, Patna in connection with Bakhtiarpur P.S. Case No. 411 of 2017, subject to the conditions as laid down U/s 437(3) Cr.P.C.

Patna High Court CR. MISC. No.17802 of 2024(2) dt.14-03-2024 3/3

8. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- (I)- Bakhtiarpur P.S. Case No. 299 of 2016.

(II)- Bakhtiarpur P.S. Case No. 94 of 2021.

(III)- Bakhtiarpur P.S. Case No. 107 of 2023. (Dr. Anshuman, J.) Divyansh/- U T