Ratnesh Kumar @ Ratnesh @ Munna Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44680 of 2023 Arising Out of PS. Case No.-68 Year-2014 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Ratnesh Kumar @ Ratnesh @ Munna Khan Parmeshwar Yadav @ Parmeshwar Bhagat Resident of Village- Mohna , P.S. - Laukariya, DistrictWest Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with N.H. Bangra P.S. Case No. 68 of 2014 registered for the offence punishable under Section 395 of the Indian Penal Code.

3. According to the prosecution, it is alleged by the informant Ram Prakash Sahni that on 07.07.2014, when he was going to Begusarai with truck loaded with some goods, five miscreants stopped him with their Sumo vehicle near New Petrol Pump on Rajdhani Road, and looted his truck.

4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. No incriminating article has been recovered from the possession of the petitioner. It is stated

Patna High Court CR. MISC. No.44680 of 2023(2) dt.29-08-2023 2/3 that name of the petitioner transpired on the basis of confessional statement of co-accused. There is no evidence or material to show his complicity in the alleged occurrence. Petitioner has one criminal antecedent in which he is on bail. Similarly, situated co-accused person, namely, Md. Naushad has been granted anticipatory bail vide order dated 25.06.2020 by co-ordinate Bench of this Court in Cr. Misc. No. 2964 of 2020.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with N.H. Bangra P.S. Case No. 68 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 with the following conditions:- (I) The petitioner will remain present on each and every date fixed by the Court below.

(ii) In case of absence for three consecutive dates or in

Patna High Court CR. MISC. No.44680 of 2023(2) dt.29-08-2023 3/3 violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Sunil Dutta Mishra, J) shweta/- U T