Pavan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31810 of 2024 Arising Out of PS. Case No.-79 Year-2023 Thana- HULASGANJ District- Jehanabad ====================================================== Pavan Kumar S/O Arun Kumar VILLAGE- NIRMANI MATH, P.S.- HULASGANJ, DIST- JEHANABAD, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar 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.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 467, 468, 420 and 34 of the Indian Penal Code.

As per the prosecution case, on 04.05.2023 at about 8:00 am, the informant has got a secret information regarding selling the receipt of sand on more price by making forged and fabricated challan, and for verification, the informant along with police personnel reached the spot, during the course of inspection, several illegal challans with respect of sand were found and subsequently, the receipts of Bhagwan Enterprises Cluster 52, computer set, printer, Redmi mobile, 10 sim cards, 12 Aadhaar Cards etc. were seized.

Patna High Court CR. MISC. No.31810 of 2024(2) dt.02-08-2024 2/3 Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The petitioner is named in the FIR. The name of the petitioner has surfaced on the basis of the confessional statement of the co-accused, Rohit Kumar. The similarly situated co-accused has been granted anticipatory bail by this Court vide order dated 14.12.2023 in Cr. Misc. No. 59906 of 2023. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory 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, Chief Judicial Magistrate, Jehanabad, in connection with Hulasganj P.S. Case No. 79 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.31810 of 2024(2) dt.02-08-2024 3/3 Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) Shivam/- U T