Monu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36390 of 2024 Arising Out of PS. Case No.-360 Year-2023 Thana- RANIGANJ District- Araria ====================================================== Monu Kumar Son of Ajay Yadav Village- Parihari Ps- Raniganj, Dist- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yatindra Narayan For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-06-2024
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 Section 392 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and has been falsely implicated in the instant case during the course of investigation based on confessional statement of apprehended accused in police custody, which does not have any evidentiary value. It is next submitted that the informant alleges that while he along with his friend on 12.09.2023 were coming back to their residence, when they were intercepted by unknown miscreants, who on point of gun snatched Rs.5300/- along with the
Patna High Court CR. MISC. No.36390 of 2024(2) dt.20-06-2024 2/3 motorcycle.
4. It is submitted that the F.I.R. was against unknown and during the course of investigation, one Rajveer Kumar was arrested from whose house the motorcycle was recovered and in the confessional statement of Rajveer the name of the petitioner transpired. It is also submitted that petitioner is a young boy, aged about 21 years and has no concern with Rajveer. It is next submitted that the petitioner will not abscond rather will cooperate in the investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. 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 C.J.M., Araria, in connection with Raniganj P.S. Case No.360/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. Further, one of the bailors of the petitioner shall be his father, namely, Ajay Yadav.
Patna High Court CR. MISC. No.36390 of 2024(2) dt.20-06-2024 3/3
8. 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 investigation in that event the learned trial court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.
9. Let a copy of this order be sent to the concerned P.S. through the learned trial court.
(Satyavrat Verma, J) amit/- U T