Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19969 of 2023 Arising Out of PS. Case No.-294 Year-2019 Thana- KANTI District- Muzaffarpur ====================================================== ALOK KUMAR SON OF SHAMBHU RAJAK R/O VILLAGE- BHERIAHI SALONA, P.S.- KANTI, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Prakash Shrarma For the Opposite Party/s :

Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-07-2023

1. Heard learned 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 Sections 392 of the Indian Penal Code.

3. The informant alleges that three unknown accused intercepted them and looted articles and cash as detailed in the FIR.

4. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent.

5. Learned counsel for the petitioner submits that the FIR was against unknown and the petitioner came to be implicated based on confessional statement of Rahul in police custody which does not have any evidentiary value, it is also submitted that mother of the petitioner had instituted a complaint case No. 45 of 2019 against Manoj who is cousin of Rahul and this perhaps explains why Rahul

Patna High Court CR. MISC. No.19969 of 2023(3) dt.18-07-2023 2/2 falsely implicated the petitioner when petitioner, admittedly, is a person with clean antecedent and is a young boy aged about 23 years, learned counsel next submits that in the nature of allegation and the fact that his name transpired in the confessional statement of coaccused in police custody, if the petitioner is sent to jail, his entire career would be jeopardized and chances are bright that he may come in contact with hardened criminals.

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

7. Considering the submissions made by the learned 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 Kanti P.S. Case No. 294 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. One of the bailor of the petitioner shall be his father, Shambhu Rajak.

(Satyavrat Verma, J) HarshPandey/- U T