Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59834 of 2017 Arising Out of PS.Case No. -430 Year- 2015 Thana -AGAMKUAN District- PATNA ======================================================

1. Krishna Kumar S/o Shyamlal R/o Anand Bazar, P.S. - Danapur, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Agam Kuan P.S. Case No. 430 of 2015 registered for the offence punishable under Section 395 of the Indian Penal Code.

The matter pertains to the commission of dacoity by unknown persons in the year 2015, however, no accused persons could be recognized by the informant at the time of filing of the F.I.R.

The learned counsel for the petitioner submits that belatedly, the name of the petitioner has transpired upon the confessional statement made by the co-accused, Ranjit Kumar,

Patna High Court Cr.Misc. No.59834 of 2017 (3) dt.12-01-2018 2/2 who has already been enlarged on bail. It is further submitted that the petitioner has a clean antecedent and belongs to the same village, hence, there was no occasion for the petitioner to have not been identified by the informant at the time of commission of the occurrence.

Having regard to the facts and circumstances of the case, more particularly the fact that petitioner has a clean antecedent and the co-accused person, on whose confessional statement the petitioner has been implicated in the present case, has been granted bail, I deem it fit and proper to enlarge the petitioners above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Patna City in connection with Agamkuan P.S. Case No. 430 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) ajay gupta/- U T