Chintu Kumar @ Rahul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27876 of 2020 Arising Out of PS. Case No.-376 Year-2019 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Chintu Kumar @ Rahul, Son of Sri Sunil Kumar Singh, Resident of VillLalachak, P.S.- Dhansoi, Dist- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Ram Sumiran Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-11-2020 In view of the submission and undertaking of the learned counsel for the petitioner, at the time of hearing of this application through Video Conferencing, that he would remove the defect(s), as pointed out by the stamp reporter, within two weeks of starting of the Court proceeding in physical mode, he is permitted to remove the same accordingly.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Kudra P.S. Case No. 376 of 2019, registered under Section 392 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Kaimur at Bhabua.

The accusation is that informant, Ashok Kumar

Patna High Court CR. MISC. No.27876 of 2020(2) dt.23-11-2020 2/3 Singh, proceeded from Bazar Samiti, Varanasi, loading 65 bags of garlic on his Pickup Van bearing registration no. UP67-At2943 but in the way, three persons sitting in Hundai company vehicle bearing registration no. JH05K-9381 stopped his Pickup Van and forcibly pulled him and managed to sit in his vehicle and thereafter, he was carried some distance and dropped him. After moving some distance, informant found his Pickup Van but bags of garlic were not there. The informant details the age and physique of the culprits.

Learned counsel for the petitioner submits that the name of the petitioner has surfaced in the confessional statement of co-accused, Sonu Kumar, except that nothing has been collected against the petitioner by the Investigating Officer in course of investigation. Further submission is that petitioner is accused in one another case, i.e, Mohania P.S. Case No. 530 of 2019, in which, the name of the petitioner has also surfaced in the confessional statement of co-accused as detailed in paragraph 3 of the petition.

Having considered the fact that the informant has detailed the physique of the culprits, as such, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The

Patna High Court CR. MISC. No.27876 of 2020(2) dt.23-11-2020 3/3 petitioner is directed to surrender before the trial court within six weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T