Sintu Kumar Yadav @ Sintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23962 of 2018 Arising Out of PS. Case No.-144 Year-2016 Thana- KATIHAR District- Katihar ====================================================== Sintu Kumar Yadav @ Sintu Kumar, S/o Khanaa Yadav @ Rajesh Yadav, Resident of Mohalla- Naya Tola Jurabganj, Police Station- Korha, DistrictKatihar ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sanjay Kumar No.-7, Adv.
For the Opposite Party :
Mr. Sir Pawan Kumar Chaurasiya, APP 117 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in connection with Katihar Town P.S. Case No. 144 of 2016 for offence punishable under Section 392 of the Indian Penal Code. The prosecution case as per the written report of Upendra Kumar Suman, dated 26.02.2016, submitted to the Station House Officer, Katihar Police Station, Katihar, is to the effect that at about 03.15 O'clock while the informant was going to market on motorcycle, with one Sharad Gaur, after withdrawing Rs.5,00,00/- from the State Bank of India, Bazar Branch, two miscreants on a black coloured Pulsar motorcycle chased and over taken the informant and snatched the bag containing money and fled away which led in registration of
Patna High Court Cr.Misc. No.23962 of 2018(2) dt.30-04-2018 2/3 case against unknown persons. During the investigation the name of the petitioner transpired in the confessional statement of co-accused, Kare Yadav.
It is submitted by the learned counsel for the petitioner that there is no recovery from the petitioner nor petitioner has any criminal antecedent and Kare Yadav has been granted bail on the ground that there is no recovery from his possession by a coordinate Bench of this Court by order, dated 13.02.2017, passed in Cr. Misc. No. 48126 of 2016. The learned Additional Public Prosecutor submits that during the investigation the name of the petitioner sprang up.
Considering the fact that the petitioner has not been named in the First Information Report and that the petitioner has no criminal antecedent, the prayer of the petitioner for grant of anticipatory bail is allowed, in the event of surrender/arrest of the petitioner, named above, before the Court below, within four weeks from today in connection with Katihar Town P.S. Case No. 144 of 2016 shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, subject to the conditions as laid
Patna High Court Cr.Misc. No.23962 of 2018(2) dt.30-04-2018 3/3 down under Section 438(2) of the Code of Criminal Procedure. The learned Court below shall be at liberty to cancel the bail bonds of the petitioner in case the petitioner fails to cooperate in the investigation.
(Dinesh Kumar Singh, J) Shamshad/- U T