Anshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31976 of 2024 Arising Out of PS. Case No.-398 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Anshu Kumar Son of Raju Mahato Resident of Village - Harpur Arara, Police Station - Goraul in the district of Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar, Adv.
For the Opposite Party/s :
Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Goraul (Kathara O.P.) P.S. Case No. 398 of 2023 instituted for the offences punishable under Sections 395 and 397 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in brief, is that on 19.09.2023 at 7.30 P.M. the informant was sitting at his grocery shop and at that time all of a sudden 6 miscreants borne on two motorcycles of without number plate came and four miscreants entered into his shop and two miscreants were standing outside the counter. They put revolver in the temple of the informant and they looted away about of 20,000/- from the cash box and Rs. 80,000/-
Patna High Court CR. MISC. No.31976 of 2024(3) dt.20-05-2024 2/3 which kept in bag and some documents and started fleeing away. The neighbor Mantu Shrivastava tried to chase the miscreants but the miscreants fired on him, which hit on his right shoulder and he became injured. All the miscreants fled away by making firing in air.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Petitioner is not named in the F.I.R. Nothing has been recovered from the conscious possession of the petitioner. His name transpired from the confessional statement of co-accused persons before the police which has no evidentiary value in the eye of law. Other coaccused persons have already been granted bail by this Court vide order dated 18.04.2024 passed in Cr. Misc. 13426 of 2024, Cr. Misc. No. 14373 of 2024 and Cr. Misc. No. 15274 of 2024 and order dated 25.04.2024 passed in Cr. Misc. No. 32305 of 2024. Moreover, petitioner is languishing in judicial custody since 17.10.2023.
5. Learned APP for the State has vehemently opposed the prayer for bail.
6. On perusal of the F.I.R. and impugned order dated 23.03.2024, it appears that informant lodged F.I.R. against
Patna High Court CR. MISC. No.31976 of 2024(3) dt.20-05-2024 3/3 unknown persons and name of the petitioner surfaced from the confessional statement of co-accused Sunny Kumar and Rajesh Raushan @ Raja. Petitioner was not put on T.I.P. during investigation.
7. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner as well as period of custody of the petitioner, let the above named petitioner be released on bail after commitment of the case, if not committed on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Vaishali at Hajipur in connection with Goraul (Kathara O.P.) P.S. Case No. 398 of 2023.
(Ramesh Chand Malviya, J) Mayank/- U T