Anand Kumar @ Anand Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39406 of 2025 Arising Out of PS. Case No.-149 Year-2022 Thana- BENIPATTI District- Madhubani ====================================================== Anand Kumar @ Anand Kumar Das S/o Sushil Das @ Sushil Kumar R/o Village- Lorika, P.S.- Benipatti, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav Mr. Vinod Kumar Mr.Ravi Prakash For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-07-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Benipatti Police Station Case No. 149 of 2022, dated 12.06.2022, disclosing offences punishable under Sections 413/414/420/467/468/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the police arrested one Karan Kumar Ram in connection with Benipatti Police Station Case No. 88 of 2022 and on the basis of his confessional statement, the police proceeded to arrest co-accused Manish Kumar and reached near the State Bank of India, and saw one person

Patna High Court CR. MISC. No.39406 of 2025(2) dt.09-07-2025 2/3 coming on a motorcycle, who was intercepted by the police and he (co-accused Manish Kumar) told the police that the motorcycle was stolen one and in his confessional statement, he disclosed the name of the petitioner and other co-accused persons, as his companions.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of confessional statement of coaccused Manish Kumar, who is his villager. He further submits that no incriminating material has been recovered from the possession and/or premises of the petitioner. He further submits that the petiioner has got no criminal antecedent and similarly situated co-accused person, namely, Md. Nazim, has been granted anticipatory bail by a co-ordinate Bench of this Court, vide order, dated 15.04.2024, passed in Criminal Misc. No. 22751 of 2024.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the name of the petitioner transpired in this case on the basis of the confessional statement of co-accused, the petitioner has got no criminal antecedent and similarly situated co-accused has been granted anticipatory bail by

Patna High Court CR. MISC. No.39406 of 2025(2) dt.09-07-2025 3/3 a co-ordinate Bench of this Court, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Madhubani, in connection with Benipatti Police Station Case No. 149 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √