Bhola Kumar @ Anish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50675 of 2024 Arising Out of PS. Case No.-500 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Bhola Kumar @ Anish Kumar Son of Mohan Singh @ Mohan Prasad Singh Resident of Village - Khajechand Chhapra, P.S.- Goraul (Kathara O.P.), District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamala Kant Tiwary, Advocate For the Opposite Party/s :
Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Goraul (Kathara O.P.) P.S. Case No. 500 of 2023 instituted for the offences under Sections 413, 414, 34 of the Indian Penal Code.
3. As per the prosecution case, during vehicle checking, on seeing the police party, the accused persons riding on two motorcycles tried to flee away but, were apprehended by
Patna High Court CR. MISC. No.50675 of 2024(2) dt.19-07-2024 2/3 the police.
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case merely on the basis of suspcion. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner was not present at the place of occurrence, rather his name has transpired on the basis of disclosure made by the accused persons who were apprehended on the spot. The co-accused person has already been granted regular bail by this Bench vide order dated 19.04.2024 passed in Cr. Misc. No. 30918 of 2024. The petitioner has no criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six months from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Goraul (Kathara O.P.) P.S. Case No. 500 of 2023, subject to the conditions as laid
Patna High Court CR. MISC. No.50675 of 2024(2) dt.19-07-2024 3/3 down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U