Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42517 of 2023 Arising Out of PS. Case No.-17 Year-2022 Thana- HATHUA District- Gopalganj ====================================================== Rohit Kumar, Son Of Awadhesh Baitha Resident Of Village Manichapar (Manichhaper), P.S. - Hathwa, District - Gopalganj ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Javed Aslam For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 457, 380 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of four cases, but then, it is submitted that prior to institution of the present F.I.R., petitioner was a person with clean antecedent. It is next submitted that informant alleges that on 29.01.2022 at 6.00 P.M., some unknown persons committed theft in his house and took away gold and silver ornaments along with Rs.80,000/- in cash.
4. The learned counsel for the petitioner submits that the F.I.R. was against unknown and petitioner came to be implicated based on confessional statement of Golu Kumar in police custody, which does not have any evidentiary value. It is
Patna High Court CR. MISC. No.42517 of 2023(2) dt.08-08-2023 2/2 next submitted that when Golu Kumar was arrested, he in his confession implicated the petitioner in all the four cases, which has been recorded at Para-3 of the anticipatory bail application. It is thus submitted that petitioner prior to institution of the present F.I.R. was a person with clean antecedent.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XIV, Gopalganj in connection with Hathwa P. S. Case No.17 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C. with a condition that one of the bailors of the petitioner shall be his father Awadhesh Baitha.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T