Sanoj @ S.P. Kumar @ Sanoj Kumar @ A.P. Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36865 of 2019 Arising Out of PS. Case No.-260 Year-2018 Thana- BALIYA District- Begusarai ====================================================== Sanoj @ S.P. Kumar @ Sanoj Kumar @ A.P. Kumar Son of Madan Paswan Resident of Village - Bariarpur, P.S.- Balia, Distt - Begusarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Vinod Gautam, Advocate For the Opposite Party :

Mr. Ashok Kumar Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 457, 380, 411 & 34 of the Indian Penal Code.

Informant alleges that on alarm raised by him, patrolling police party arrested two accused persons who were fleeing away with the stolen hand pump of the informant. These two accused persons named the petitioner and one Vikash Kumar as their accomplice who escaped.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated by the informant in this case because of pending civil dispute between them. Further, the petitioner has got no criminal antecedent and nothing incriminating has been recovered from his possession to connect

Patna High Court CR. MISC. No.36865 of 2019(3) dt.21-08-2019 2/2 him with the offence as alleged. Petitioner's name has been figured in this case on the basis of confessional statement of coaccused which has no evidentiary value in the eye of law. Considering the facts of the case, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, 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 the Special Judge SC/ST Act, Begusarai in Balia Police Station Case No. 260 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.

(Prabhat Kumar Singh, J) Shashi U T