Anirudh Kumar @ Chhota Ram @ Chhotu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33543 of 2024 Arising Out of PS. Case No.-393 Year-2023 Thana- DINARA District- Rohtas ====================================================== Anirudh Kumar @ Chhota Ram @ Chhotu Ram, Son of Nandlal Ram, Resident of Village - Naya Bhojpur, Police Station - Dumraon, District - Buxar.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Manish Rai Sharma, Advocate For the Opposite Party :

Mrs. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Dinara P.S. Case No. 393 of 2023 dated 12.08.2023 registered for the offence punishable under Section 392 of the I.P.C.

3. As per the prosecution case, on 12.08.2023 at about 9.30 A.M., the informant left for Varanasi in his pick-up after delivery of Kurkure from Naubatpur, Patna and as soon as he reached at 'Sarna Bridge' under Dinara Police Station at around 12.00 P.M., four miscreants riding on two motorcycles came and put their motorcycles in front of his pick-up and on the gun point, two persons took Rs. 53,500/- from his vehicle. It is further alleged that out of four miscreants, two miscreants had

Patna High Court CR. MISC. No.33543 of 2024(2) dt.09-05-2024 2/3 covered their faces. The informant can identify after looking them.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. No incriminating article has been recovered from possession of the petitioner. The petitioner has not been put on T.I. Parade. It is further submitted that the petitioner was arrested in Rajpur P.S. Case No. 320 of 2023 and in which case he confessed before police thereafter he has been remanded in the present case. It is further submitted that the confessional statement recorded by the police has got no evidentiary value in the eye of law. The petitioner has eight criminal antecedents, out of which, the petitioner is on bail in one case and in one case he was acquitted as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 06.09.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.33543 of 2024(2) dt.09-05-2024 3/3 the like amount each to the satisfaction of learned A.C.J.M.-II, Bikramganj, Rohtas in connection with Dinara P.S. Case No. 393 of 2023 with further condition:- (i) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T