Sanjeeb Das @ Sanjeeb Kumar @ Sanjiv Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46819 of 2025 Arising Out of PS. Case No.-766 Year-2023 Thana- AMARPUR District- Banka ====================================================== Sanjeeb Das @ Sanjeeb Kumar @ Sanjiv Kumar S/o Jivan Das R/o Harijan Tola, Dumrama, P.S.- Amarpur, District- Banka (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-07-2025 Heard Mr. Akash Kumar Mishra, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Amarpur P.S. Case No. 766 of 2023 registered under Section 392 of the Indian Penal Code and later on Sections 411/34 of the Indian Penal Code.
3. As per the allegation made in the FIR, some unknown persons snatched the scooty and mobile phone of the informant.
4. Learned counsel appearing on behalf of the petitioner submitted that the recovery has been made from coaccused Dharmendra Yadav and on the basis of his confessional statement name of the petitioner has surfaced in the present case
Patna High Court CR. MISC. No.46819 of 2025(2) dt.30-07-2025 2/3 during the course of investigation and such evidence has no legal basis. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf of the parties, as well as, the fact that as per nature of allegation made in the FIR the recovery has been made from co-accused Dharmendra Yadav and in course of investigation, on the basis of his confessional statement name of the petitioner has surfaced in the present case and such evidence has no legal basis, the petitioner is having clean antecedent, I am of the opinion that the petitioner has, prima facie, made out a case to be released on anticipatory bail.
7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Banka/successor Court in connection with Amarpur P.S. Case No. 766 of 2023, subject to the condition as laid down under
Patna High Court CR. MISC. No.46819 of 2025(2) dt.30-07-2025 3/3 Section 438(2) of the Cr.P.C.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T