Nageshwar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36672 of 2022 Arising Out of PS. Case No.-86 Year-2022 Thana- KOTWA District- East Champaran ====================================================== VINOD SAHNI SON OF RAGHUNATH SAHNI Resident of VillageAshramghat, Bandh Road, P.S.-Sikandarpur O.P., District-Muzaffarpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 37261 of 2022 Arising Out of PS. Case No.-86 Year-2022 Thana- KOTWA District- East Champaran ====================================================== NAGESHWAR KUMAR SON OF RAVI SHANKAR PRASAD R/O VILLAGE- ASHARAMGHAT, BALI GHAT, P.S.- AHIYAPUR, DISTRICTMUZAFFARPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 36672 of 2022) For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 37261 of 2022) For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-11-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.
Learned counsel for the petitioner seeks permission to withdraw the anticipatory bail application.
Permission is accorded.
Accordingly, the present anticipatory bail application
2/4 is dismissed as withdrawn.
CRIMINAL MISCELLANEOUS No. 37261 of 2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 401, 402, 413, 414, 467, 468, 471, 420 and 379 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that four named accused persons along with a Scorpio vehicle were apprehended and on search, number plates, mobile and keys of truck etc. were recovered, it is next alleged that the apprehended accused disclosed that they commit theft in the night and steal trucks and sell the truck for Rs. 3,00,000/- to Md. Sajjad, further Vinod and petitioner prepare forged documents of new stolen truck and send it to Nepal.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the name of the petitioner transpired in the confessional statement of apprehended co-accused in police custody which does not have any evidentiary value, it is next submitted that at the cost of repetition that petitioner is a person
3/4 with clean antecedent and will never evade the law rather will cooperate in the investigation and will present himself as and when required by the Investigating Officer of the case for arriving at the truth.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Kotwa P.S. Case No. 86 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
Further, in the event, if the Investigating Officer of the case files an application before the learned Trial Court that the petitioner despite giving assurance to this Court is not cooperating in the investigation or is not presenting himself when called, the learned Trial Court after giving an opportunity of hearing to the petitioner shall pass orders in accordance with
4/4 law and shall have the liberty to cancel his bail bonds. Learned Trial Court is directed to send a copy of this Order to the concerned P.S. for necessary action. (Satyavrat Verma, J) Rishabh/- U T