Sonu Kumar @ Ayush Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29909 of 2024 Arising Out of PS. Case No.-522 Year-2023 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Sonu Kumar @ Ayush Kumar S/o Ratnesh Kumar Sunil R/o Patel Nagar, Bhaisasur, P.S.- Laheri, Distt. - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Virendra Prasad For the Opposite Party/s :
Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Laheri P.S. Case no. 522 of 2023 instituted for the offence under Sections 467, 468, 471, 419, 420, 379, 411 and 34 of the Indian Penal Code and Sections 66(C) and 66(D) of the I.T. Act.
Prosecution case in short, is that, police apprehended two accused persons who were withdrawing money from the ATM fraudulently. On search from the possession of one Manish Kumar , two atm cards, cash of Rs. 24,000/-, three mobiles one copy book bearing the names of different persons. On search from accused Pradeep Kumar,
Patna High Court CR. MISC. No.29909 of 2024(2) dt.28-06-2024 2/3 two mobiles and cash of Rs. 58500/- were recovered. They disclosed the name of the petitioner.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He is not named in FIR rather his name came into light in this case on basis of confessional statement of apprehended co-accused person before the police which has got no evidentiary value in the eye of law. Neither the petitioner was apprehended on spot nor any incriminating article has been recovered from his conscious possession. Nothing consistent material has come against the petitioner except confessional statement of co-accused.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Laheri P.S. Case no. 522 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda subject to the conditions as laid down
Patna High Court CR. MISC. No.29909 of 2024(2) dt.28-06-2024 3/3 under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Shubham/- U T