Ganesh Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26618 of 2022 Arising Out of PS. Case No.-281 Year-2021 Thana- NOORSARAI District- Nalanda ====================================================== GANESH CHAUHAN Son of Hari Chauhan Resident of Village - Mahadeo Bigha, Police Station - Noorsarai, District - Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2022 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 Noorsarai P.S. Case no. 281 of 2021 instituted for the offence under Section 392 of the Indian Penal Code. As per allegation in the FIR, while informant was going by his scooty, three accused persons came on a motorcycle and stopped him. On gun point, they snatched his bag containing cash of Rs. 40,000/-, mobile and several cheques and fled away.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The name of the petitioner has been disclosed in this

Patna High Court CR. MISC. No.26618 of 2022(2) dt.11-10-2022 2/2 case by the apprehended co-accused, namely, Golu Kumar and Sumit Mishra, before the police which has no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of Bail.

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 Noorsarai P.S. Case no. 281 of 2021, 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 ACJM-VII, Nalanda at Biharsharif subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U