Avinash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29963 of 2022 Arising Out of PS. Case No.-502 Year-2021 Thana- RUPASPUR District- Patna ====================================================== AVINASH KUMAR Son of Sheo Kumar Soni Resident of Village - Lal Kothi, Danapur, P.S.- Danapur, Distt.- Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-06-2022 Heard learned Senior Counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 356 and 379 of the Indian Penal Code.
Learned Senior Counsel for the petitioner submits that the petitioner has antecedent of three cases and in all the three cases, the petitioner has been granted anticipatory bail. The informant alleges that on 25.09.2021, at about 02:00 p.m., she was returning from Gola Road by E-Rickshaw to her house and when she reached near the Corporation Bank two accused persons came on Pulsar Motorcycle from behind and snatched her gold chain. It is next alleged that both the accused were in the age group of 20-25 years and the informant
Patna High Court CR. MISC. No.29963 of 2022(2) dt.29-06-2022 2/3 can identify the accused persons.
Learned Senior Counsel for the petitioner submits that petitioner has been falsely implicated in the present. The FIR was against unknown and name of this petitioner first transpired based on the confessional statement of Raja Kumar in Rupaspur P.S. Case No. 504 of 2021 and thereafter the petitioner came to be implicated in all the cases. It is next submitted that petitioner is the owner of jewellery shop in the name and style of Maa Bhawani Jewellers at Danapur and it is alleged that from his shop broken gold chain was recovered. It is next submitted that even the informant has not identified the said chain to be belonging to her.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned Senior Counsel for the petitioner and the fact that the petitioner has been implicated in all the cases based on confession of Raja Kumar in Rupaspur P.S. Case No. 504 of 2021, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the
Patna High Court CR. MISC. No.29963 of 2022(2) dt.29-06-2022 3/3 like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rupaspur P.S. Case No. 502 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and further one of the bailors shall be the father (Sheo Kumar Soni) of the petitioner.
(Satyavrat Verma, J) Kundan/- U T