Sunil Rajbhar @ Dara v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30428 of 2024 Arising Out of PS. Case No.-258 Year-2023 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Sunil Rajbhar @ Dara son of Jageshwar Bhar @ Yogeshwar Rajbhar R/OVill- Mahdah, P.S- Buxar Mufffasil, Distt- Buxar ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mohit Shriwastava, Adv.
For the Opposite Party/s :
Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Buxar Muffasil P.S. Case No. 258 of 2023, G.R. No. 1624/23, dated 02.06.2023 registered for the offences punishable u/s 392 of the Indian Penal Code.
3. As per the prosecution case, unknown miscreants boarded on a motorcycle looted the informant's car and snatched the purse, golden chain and Rs. 1450/- in cash from the informant.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of
Patna High Court CR. MISC. No.30428 of 2024(2) dt.02-08-2024 2/3 the petitioner has sprung up in the confessional statement of the co-accused, Mohan Chauhan. It is further submitted that the petitioner has no concern with the alleged offence. Nothing has been recovered from the possession of the petitioner hence, no case is made out. The co-accused person has already been granted anticipatory bail by this court vide order dated 22.05.2024 passed in Cr. Misc. No. 31215 of 2024. The petitioner has six criminal antecedents in which he is on bail as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Buxar in connection with Buxar Muffasil P.S. Case No. 258 of 2023, G.R. No. 1624/23, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with further condition :- (i) The petitioner is directed to remain physically present
Patna High Court CR. MISC. No.30428 of 2024(2) dt.02-08-2024 3/3 before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T