Rohit Kumar @ Pintu Kumar @ Pedu @ Pintu Kharwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38145 of 2020 Arising Out of PS. Case No.-403 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== ROHIT KUMAR @ PINTU KUMAR @ PEDU @ PINTU KHARWAR Son of Gopal Kharwar Resident of Village-Nai Basti Semaria, P.S.-Bhabua, District-Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Section 379 of the Indian Penal Code. Prosecution allegation, in short, is that the motorcycle containing certain documents of the informant was stolen by the accused persons.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the

Patna High Court CR. MISC. No.38145 of 2020(2) dt.02-08-2021 2/2 petitioner has transpired on the basis of confession of co-accused. Except for this, there is no other substantive evidence to suggest his implication in the present case. There is no recovery of any incriminating articles from the possession of the petitioner. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 403 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T