Mannu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24910 of 2024 Arising Out of PS. Case No.-506 Year-2022 Thana- UCHKAGAON District- Gopalganj ====================================================== Mannu Kumar son of Late Ram Chandar Sah Resident of Village- Asandi Mahuawa, P.S.- Kuchaikot, Dist.- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-05-2024 Heard Mr. Jitendra Kumar Singh, learned counsel for the petitioner and the State.
2. The petitioner is apprehending his arrest in connection with Uchkagaon P.S. Case No. 506 of 2022 for the offence under Section 392 of the I.P.C. lodged on 27.12.2022 by the informant, Rajesh Kumar Singh.
3. As per the prosecution story, the allegation is of snatching Rs. 500/- and a mobile phone from him on the point of knife. Accordingly, the FIR against unknown.
4. Learned counsel for the petitioner submits that the recovery is from one Pawan Kumar Sharma and not from the petitioner and he has implicated this petitioner by confessing his name. He further submits that he is a college student and do not have any criminal antecedent.
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5. Learned APP opposes the prayer stating that his name has come in the confessional statement.
6. Taking into account the aforesaid facts as also that the recovery is from Pawan Kumar Sharma, the petitioner is a student and do not have criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM-IX, Gopalganj in connection with Uchkagaon P.S. Case No. 506 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
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(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T