Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15901 of 2023 Arising Out of PS. Case No.-631 Year-2020 Thana- HILSA District- Nalanda ====================================================== PAWAN KUMAR SON OF AJAY SHARMA RESIDENT OF VILLAGE MOKIMPUR, POLICE STATION HULASGANG, DISTRICT JEHANABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Hilsa P.S. Case No. 631 of 2020 for the offence registered under section 392 of the Indian Penal Code lodged on 09.12.2020 by the informant, Laxman Kumar.

The prosecution story, in brief, as follows is/are that :- (i) on 09.12.2020 at about 4.15 A.M., his driver Vikash Kumar was going from the Godown with Makai worth Rs. One Lakh Fifty Thousand only by Bolero vehicle bearing no. BR-01GH-4697 and as he proceeded from Petrol Pump and reached Gulani Chimani Bhatta, one white colour Innova vehicle took over and on the point of pistol pushed his driver and fled away with the vehicle towards Ekangarsarai Road.

Patna High Court CR. MISC. No.15901 of 2023(2) dt.23-05-2023 2/3 They later threw his driver, Vikash Kumar near Jhumaki river of Ghoshi and fled away towards Islampur with the aforesaid two vehicles;

(ii) later his driver called the informant by the mobile of another person and narrated the whole story. Accordingly, the FIR.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and his name has come in the confessional statement of the other co-accused and nothing has been recovered from his possession. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.

Considering the aforesaid fact that the petitioner do not have criminal antecedent and nothing has been recovered form his possession, this Court is inclined to extend him privilege of anticipatory bail.

Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Hilsa P.S.

Patna High Court CR. MISC. No.15901 of 2023(2) dt.23-05-2023 3/3 Case No. 631 of 2020 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month for next one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Neha/- U T