Ratnesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38901 of 2023 Arising Out of PS. Case No.-7 Year-2022 Thana- SAMSTIPUR RAIL P.S DistrictSamastipur ====================================================== RATNESH KUMAR Son of Rajender Mahto @ Rajendra Mahto Resident of village-Purnahi, Police Station-Warisnagar, District-Samstipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-07-2023

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 GRPS Rail Samastipur Police Station Case No. 07 of 2022, dated 17.01.2022, disclosing offence punishable under Section 379 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report lodged by the informant, is that on 24.07.2021, while she was travelling in the train, in the mean while, one unknown person snatched her purse, in which valuables were kept.

4. Learned Counsel for the petitioner submits that the petitioner is not named in the First Information Report

Patna High Court CR. MISC. No.38901 of 2023(2) dt.28-07-2023 2/3 and as per the statement of the informant made in the First Information Report, one unknown person had snatched the purse of the informant. He further submits that during the course of investigation, one person, namely, Sujeet Kumar @ Randhir Kumar, was arrested along with the snatched articles, who disclosed the name of the petitioner. He further submits that the petitioner has got no criminal antecedent of similar nature of offence and he is ready to co-operate the police in the investigation of the case.

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 has transpired on the basis of the disclosure made by the arrested co-accused and the petitioner has got no criminal antecedent of similar nature of offence, I am inclined to grant the petitioner privilege of anticipatory bail, at this stage.

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

Patna High Court CR. MISC. No.38901 of 2023(2) dt.28-07-2023 3/3 of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, (Railway), Samastipur, in connection with GRPS Rail Samastipur Police Station Case No. 07 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

8. This is subject to the condition that the petitioner shall cooperate the police in the investigation of the case and shall also present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

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