Anup Kumar @ Anup Kumar Ram @ Anup Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46800 of 2024 Arising Out of PS. Case No.-315 Year-2023 Thana- RAJPUR District- Buxar ====================================================== Anup Kumar @ Anup Kumar Ram @ Anup Ram Son of Late Kamal Kishor Rakesh @ Late Kamal Kishor R/O Vill.- Sisradh, P.S.- Rajpur, Dist.- Buxar ... ... Petitioner/s
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Shankar Pathak For the Opposite Party/s :
Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with S.T. No. 47/2024 arising out of Rajpur P.S. Case No. 315/2023 lodged on 29.08.2023 under Section 392 of the Indian Penal Code.
3. As per the prosecution case, F.I.R. has been lodged against unknown accused persons against whom there is an allegation that they have snatched Rs. 65,000/- from the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that that the name of the petitioner has been figured in this case only at the instance of the police as his antecedent is
Patna High Court CR. MISC. No.46800 of 2024(2) dt.24-07-2024 2/3 not clean and there are six cases pending against him in which he is on bail. The petitioner is in custody since 17.10.2023. He further submits that nothing has been recovered from the possession of the petitioner but motorcycle has been recovered which has been used in the crime has been recovered on the confessional statement of the petitioner from the house of another co-accused. Counsel further submits that the charge has not been framed till date. He further submits that the section in which the case has been lodged are triable by Magistrate.
5. Learned APP for the State opposes the prayer for bail and submits that it is very much clear from the case diary that involvement of the petitioner is there in this case.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named by granted bail three months after framing of charge and on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 3rd Buxar in connection with S.T. No. 47/2024 arising out of Rajpur P.S. Case No. 315/2023 subject to the condition laid down under Section 437(3) of the Cr.P.C.
7. However, the petitioner shall be granted bail only
Patna High Court CR. MISC. No.46800 of 2024(2) dt.24-07-2024 3/3 on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- • Buxar Excise P.S. Case No. 09/2021 • Buxar Excise P.S. Case No. 26/2021 • Buxar Excise P.S. Case No. 27/2021 • Buxar Excise P.S. Case No. 43/2021 • Buxar Excise P.S. Case No. 111/2021 • Nawanagar P.S. Case No. 325/2023 (Dr. Anshuman, J) Sunnykr/- U