Bhushan Kumar @Bhushan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40256 of 2024 Arising Out of PS. Case No.-627 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Bhushan Kumar @Bhushan Ray S/O Harihar Rai R/O Village Rampur Bijni(Kichni) Police station Desari District Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avinash Raj For the Opposite Party/s :

Mr. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-07-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner apprehends his arrest in connection with Shahpur Patori P.S. Case No.627 of 2023 registered for the offence under Sections 420, 467, 468, 471, 34/120B of the Indian Penal Code.

3.

The allegation against the petitioner is to have stolen truck of the informant along with other co-accused persons.

Patna High Court CR. MISC. No.40256 of 2024(2) dt.16-07-2024 2/3 4.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated with the present case, where, name of the petitioner surfaced in the present FIR on the basis of confessional statement of other arrested co-accused person. It is submitted that nothing has been recovered from the possession of the petitioner. It is submitted that similarly situated co-accused person has already been granted bail by a learned co-ordinate Bench of this Court through Cr. Misc. No.17510 of 2024 on 27.03.2024. It is submitted that the petitioner is a man of clean antecedent. 5.

Learned APP appearing on behalf of the State, opposes the prayer of bail of the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, submissions made on behalf of the petitioner and as nothing has been recovered from the possession of the petitioner and his name surfaced in the present FIR on the basis of confessional statement of other arrested coaccused person, let the above-named petitioner be released on anticipatory bail in the event of his arrest or surrender before the trial court within a period of six weeks from today on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class,

Patna High Court CR. MISC. No.40256 of 2024(2) dt.16-07-2024 3/3 Samastipur in connection with Shahpur Patori P.S. Case No.627 of 2023 subject to the condition laid down under Section 438(2) of Cr.P.C.

(Ramesh Chand Malviya, J) S.Katyayan/- U T