Pawan Kumar @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25517 of 2018 Arising Out of PS.Case No. -214 Year- 2015 Thana -KARPI District- JEHANABAD ======================================================

1. Pawan Kumar @ Vikash Kumar, Son of Nawal Kishore Singh @ Nepali Singh, Resident of Village- Anantpur, P.S.- Naubatpur, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rana Ishwar Chandra For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-05-2018 Heard the learned counsels for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Karpi P.S. Case No. 214/2015 dated 17.12.2015 instituted for the offence under Section 392 of the Indian Penal Code against unknown. However in the aforesaid case, charge-sheet has been submitted under Sections 395 and 412 of the Indian Penal Code.

The informant is said to have been robbed of his belongings by four unknown miscreants who were riding a motorcycle. The petitioner is not named in the F.I.R. and his complicity in the crime could be discerned only on the confessional statement of one Om Prakash Kumar. Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.25517 of 2018 (2) dt.03-05-2018 2/2 aforesaid Om Prakash Kumar has not stated anything specific about the petitioner in his confessional statement. That apart, it has been submitted that aforesaid Om Prakash Kumar has also named one Buchchi Kumar @ Guchchi Kumar as having participated in the occurrence but aforesaid Buchchi Kumar @ Guchchi Kumar has already been granted anticipatory bail by a Bench of this Court vide order dated 10.11.2017 passed in Cr. Misc. No. 48697/2017. It has also been submitted that in two other cases in which the petitioner was made accused earlier, he is on bail in the aforesaid cases.

Regard being had to the aforesaid facts, the petitioner above named is directed to be released on bail, in the event of his surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal in connection with Karpi P.S. Case No. 214/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J.) Rakhi U T