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Patna High CourtCR. MISC./22261/2024allowed

Sonu Kumar v. The State Of Bihar

2024-04-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22261 of 2024 Arising Out of PS. Case No.-475 Year-2019 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Sonu Kumar S/o- Shambhu Prasad Vill- Rampur Khoram Nagara, Ps- Gaura OP Madhourah Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-04-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 382 of the Indian Penal Code.

3. As per the FIR, while the informant was going for boarding bus, he was intercepted by four persons and they snatched his mobile, shoes and 150/- cash and fled away. One person was chased and apprehended by the police, and from his possession one mobile phone was recovered.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the

Patna High Court CR. MISC. No.22261 of 2024(2) dt.04-04-2024 2/2 petitioner and his name transpired in the present case on the basis of confessional statement of apprehended co-accused. He further submits that similarly situated co-accused has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 10.07.2020 passed in Cr. Misc. No.14910 of 2020. Petitioner has one criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chapra (Saran) Mufassil P.S. Case No.475 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T