Sumit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24006 of 2025 Arising Out of PS. Case No.-206 Year-2017 Thana- LAXMIPUR District- Jamui ====================================================== Sumit Kumar, aged about 26 years, Gender-Male, Son of Chunchun Singh, Resident of Village - Jakhaur, P.S. - Birupur, District - Lakhisarai ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Mayank Bilochan, Advocate For the Opposite Party :
Mr. Prem Kumar Jha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Laxmipur (Gidhaur) P.S. Case No. 206 of 2017 dated 20.09.2017 registered for the offence punishable under Section 392 of the I.P.C.
3. As per the prosecution case, four miscreants boarded on two motorcycles stopped the informant near Olay Wear Bridge and snatched mobile phones, motorcycle and Rs. 4,000/- in cash from the informant on the point of pistol.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner is not named
Patna High Court CR. MISC. No.24006 of 2025(2) dt.04-07-2025 2/3 in the F.I.R. and his name has come in the present case during the course of investigation on the basis of the confessional statement of the co-accused persons Sanju Devi and Shekhar Kumar Singh from whose possession stolen mobile has been recovered. The said confessional statement of the co-accused persons has got no evidentiary value in the eyes of law. No incriminating article has been recovered from the possession of the petitioner. It is further submitted that other co-accused person, Mohit Kumar @ Mothit Singh, has already been granted anticipatory bail by a Bench of this Court in Cr. Misc. No. 77635 of 2023 vide order dated 11.01.2024, annexed as Annexure-2 to the present bail petition. The petitioner has one criminal antecedent in which he is on bail as stated in paragraph no. 3 of the bail application.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Jamui
Patna High Court CR. MISC. No.24006 of 2025(2) dt.04-07-2025 3/3 in connection with Laxmipur (Gidhaur) P.S. Case No. 206 of 2017, subject to the condition as laid down under Section 482(2) of the B.N.S.S, 2023.
(I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T