Patna High CourtCR. MISC./16851/2020allowed

Rajiv Kumar v. The State Of Bihar

2020-09-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16851 of 2020 Arising Out of PS. Case No.-186 Year-2019 Thana- SANHAULA District- Bhagalpur ====================================================== RAJIV KUMAR, S/o Ganno Paswan, Resident of Village- Tarar, P.S.- Sanhoula, Distt- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Md.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegation against the petitioner is of looting the bag of money by gun point.

Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. He further submits that the petitioner is not named in the FIR and the petitioner has falsely been implicated in this case on the basis of confession statement of co-accused namely Chandan Mahto and he has already been granted bail by the learned court below vide order dated 19.02.2020 passed in B.P. No. 143 of

Patna High Court CR. MISC. No.16851 of 2020(3) dt.15-09-2020 2/2 2020. He further submits that there is no recovery from the conscious possession and the house of the petitioner. The petitioner has got no criminal antecedent which is mentioned para 3 of the bail petition.

Learned APP for the State opposes the prayer for bail petition.

In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur in connection with Sanhaula P. S. Case No. 186 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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