Shailendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20610 of 2024 Arising Out of PS. Case No.-360 Year-2023 Thana- RANIGANJ District- Araria ====================================================== Shailendra Yadav S/o Sudhir Yadav R/o Vill - Parihari, P.S. - Raniganj, Dist. - Araria (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Adv Mr.Jitendra Kumar, Adv For the Opposite Party/s :

Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-09-2024 1.

Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

3.

Learned senior counsel for the petitioner submits that petitioner has antecedent of one case under Section 392 of the IPC and informant alleges that while he was going to his house on 12-9-2023 with his friend Satendu Mandal, when he was intercepted by four miscreants and they on point of gun snatched his mobile and Rs. 5,300/- from his friend along with the motorcycle.

4.

The learned senior counsel for the petitioner

2/4 submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that FIR was against unknown and the name of the petitioner transpired in the confessional statement of Rajvir Kumar in police custody which does not have any evidentiary value.

5.

The learned APP, Shri. Chandra Bhushan Prasad opposes the anticipatory bail application and submits that no doubt the FIR was instituted against unknown but then during the course of investigation based on confession of Rajvir Kumar, the name of the petitioner has transpired. It is also submitted that occurrences of the nature as alleged in the FIR has become rampant in the state of Bihar. It is further submitted no doubt the name has transpired in confession but then investigation is also necessary with regard to the involvement of the petitioner in the occurrence. It is next submitted that investigation of the case is in its nascent stage and if privilege of anticipatory bail is granted to the petitioner, in that event, the petitioner may abscond, on which the learned senior counsel for the petitioner submits that petitioner will not abscond rather will cooperate in the investigation to prove his innocence. 6.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

3/4 7.

Considering the submissions made by the learned senior counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Raniganj P.S. Case No. 360 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8.

One of the bailors of the petitioner shall be his father, Sudhir Yadav.

9.

It is made clear that the petitioner will keep marking his attendance in the concerned police station in between 1 to 5 of every month commencing from October 2024 till the charge sheet is not submitted. If the petitioner does not mark his attendance in the concerned police station, in between the aforesaid date in any month before filing of charge sheet, the Investigating Officer of the case will file an application before the learned trial court bringing to its notice that petitioner is violating the condition of the grant of anticipatory bail and the learned trial court shall be at liberty to cancel the bail bond of

4/4 the petitioner.

10.

It is also made clear that if charge sheet is submitted connecting the petitioner with the offence in that event the present anticipatory bail order shall lose its effect. 11.

Let a copy of this order be sent to the concerned police station through the learned trial court. (Satyavrat Verma, J) SUMIT/- U T