Anish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33177 of 2024 Arising Out of PS. Case No.-739 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Anish Kumar, Son of Ram Babu Ray, Resident of Village-Kasbe Ahar, Ward No.- 12, Police Station - Tajpur, District - Samastipur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Prakash Sharma, Advocate For the Opposite Party/s :

Mr.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Tajpur P.S. Case No. 739 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution allegation, in short, is that four accused persons entered into the house of informant and looted the ornaments and cash of Rs. 1,50,000/- by breaking the godrej at the point of pistol and fear. It is further alleged that three set of mobile and adhar card of the informant has also been taken away by the accused persons.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.33177 of 2024(2) dt.01-05-2024 2/3 falsely been implicated in this case due to dirty village politics. Petitioner is not named in the F.I.R. Neither he was arrested on the spot nor he has any concern with alleged occurrence. His name transpired during course of investigation only on the basis confessional statement of co-accused Sujeet Kumar before the police which has no evidentiary value in the eye of law. Chargesheet has been submitted in this case. The petitioner is in judicial custody since 25.12.2023 and has got no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayed for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the Court below/concern Court in connection with Tajpur P.S. Case No. 739 of 2023, subject to the following conditions:- (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every

Patna High Court CR. MISC. No.33177 of 2024(2) dt.01-05-2024 3/3 dated fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) lata/- U T