Krishna Kumar @ Kisan Kumar @ Krishna Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17821 of 2019 Arising Out of PS. Case No.-102 Year-2018 Thana- KATRA District- Muzaffarpur ====================================================== KRISHNA KUMAR @ KISAN KUMAR @ KRISHNA PASWAN, Son of Sri Kishore Paswan, Resident of Village - Dhanaur Chamar Toli, P.S.- Katra, District - Muzaffarpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-07-2019 The petitioner apprehends his arrest in connection with Katra P.S. Case No. 102 of 2018 registered under Section 394 of the Indian Penal Code.

The allegation against the petitioner is that informant, along with his wife, at about 8:00 to 8:15 P.M., was coming from Barhad to his home and when he reached near Bishautha More, Bagmati Project Bandh, he was intercepted by two persons coming on Glamour Motorcycle and they assaulted the informant and took away the motorcycle of the informant. Learned counsel for the petitioner submits that during the course of investigation, one Sanjeet Mandal was apprehended by the police, who, in his confessional statement, has taken the name of the petitioner and others. Learned counsel for the petitioner further submits that he has falsely been implicated in

Patna High Court CR. MISC. No.17821 of 2019(3) dt.18-07-2019 2/3 this case due to previous enmity by the arrested accused inasmuch as both, the petitioner as well as arrested accused persons, were studying together in school having some enmity from before. Learned counsel for the petitioner submits that as per FIR, there were only two persons, who took away the motorcycle of the informant, however, arrested accused persons Sanjeet Mandal has disclosed the name of three persons apart from himself.

Learned counsel for the State submits that name of the petitioner has been disclosed by co-accused in his confessional statement, therefore, petitioner does not deserve privilege of anticipatory bail.

After having heard learned counsel for the parties and taking into consideration the fact that name of the petitioner has transpired on the basis of confessional statement and further that petitioner has got no criminal antecedent, let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-14, Muzaffarpur in connection with Katra P.S. Case No. 102 of 2018; subject to

Patna High Court CR. MISC. No.17821 of 2019(3) dt.18-07-2019 3/3 condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T