Shakti Kumar @ Shakti Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21606 of 2024 Arising Out of PS. Case No.-909 Year-2023 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Shakti Kumar @ Shakti Mehta Son of Lalu Mahto Resident of Vill.-Shivganj, P.S.-Madanpur, Distt.-Aurangabad (Bihar).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar, Advocate.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Town (Aurangabad) P.S. Case No.909 of 2023 instituted under Sections 394 of the Indian Penal Code.

3. As per the prosecution case, two miscreants stopped the motorcycle when the informant was walking with her two grand daughters and looted her golden chain.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the basis of confessional statement of co-accused Rakesh Kumar. He further submits that there is no recovery from the possession of petitioner and except the confessional

Patna High Court CR. MISC. No.21606 of 2024(2) dt.22-04-2024 2/2 statement of co-accused there is no material against the petitioner. Learned counsel submits that although petitioner has three criminal antecedents but the same belongs to the Excise Act and not under the Indian Penal Code. He further submits that petitioner is ready to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Town (Aurangabad) P.S. Case No.909 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T