Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51829 of 2025 Arising Out of PS. Case No.-9 Year-2024 Thana- GURUA District- Gaya ====================================================== Santosh Kumar S/o- Kailash Paswan R/o Vill- Basdiha PS- Dumariya DistGaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mr. Kanhiya Kishor, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-08-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 413 and 414/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that Vikram was caught raid handed with stolen auto and he was changing the parts of the auto for the purposes of hiding its identity. The informant next alleges that the petitioner fled away with another stolen auto but the same was recovered based on disclosure made by the apprehended accused.

4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot. It is further submitted that name of the petitioner transpired in the confessional

Patna High Court CR. MISC. No.51829 of 2025(2) dt.12-08-2025 2/3 statement of apprehended accused in police custody which does not have any evidentiary value in the eye of law. It is next submitted that the auto was not recovered from the possession of the petitioner. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Gurua P.S. Case No. 09 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. One of the bailors of the petitioner shall be his father, namely, Kailash Paswan.

8. However, if the investigating officer of the case files an application before the learned trial court bringing to its

Patna High Court CR. MISC. No.51829 of 2025(2) dt.12-08-2025 3/3 notice that the petitioner despite giving assurance to this Court is not cooperating in the investigation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Satyavrat Verma, J) Kundan/- U T