Bablu Kumar @ Mayank @ Babul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34014 of 2024 Arising Out of PS. Case No.-101 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== Bablu Kumar @ Mayank @ Babul Kumar Son Of Devesh Kumar @ Davesh Yadav Resident Of Village - Bhatpura, Ward No. 05, Police Station - Bakhtiyarpur, District - Saharsa ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 395 and 397 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and has been falsely implicated in the instant case during the course of investigation based on confessional statement of Suman Kumar. It is next submitted that similarly situated co-accused Ajeet Yadav @ Ajeet Kumar had approached this court seeking anticipatory bail by filing Cr. Misc. No.78887/2023 and the same was allowed by an order dated 28.02.2024. It is next submitted that the name of
Patna High Court CR. MISC. No.34014 of 2024(2) dt.12-07-2024 2/3 Ajeet Yadav also transpired in the case based on confessional statement of Suman Kumar, as such, the case of the petitioner is on a similar footing. It is further submitted that the petitioner will not abscond rather will co-operate in the investigation.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, 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.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Supp. Beldour P.S. Case No.101/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. Further, one of the bailors of the petitioner shall be his father, namely, Devesh Kumar @ Davesh Yadav.
7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to his notice that the petitioner despite giving assurance to this court is not co-operating in the
Patna High Court CR. MISC. No.34014 of 2024(2) dt.12-07-2024 3/3 investigation or is not appearing when required, in that event the learned trial court shall be at liberty to cancel the bail bond of the petitioner and to take all coercive steps to ensure that petitioner is behind bars.
8. Let a copy of this order be communicated to the concerned P.S. through the learned trial court. (Satyavrat Verma, J) amit/- U T