Tinku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 52157 of 2024 Arising Out of PS. Case No.-304 Year-2022 Thana- RAGHOPUR District- Vaishali ====================================================== Tinku Kumar Son Of Mukesh Kumar Singh Village- Raghopur Purbi, PsJuravanpur, Dist- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Raghopur P.S. Case No. 304 of 2022 instituted under Sections 379, 356, and 34 of the Indian Penal Code.

3. As per the prosecution case, when the informant was returning on his motorcycle, three miscreants came and snatched the key of the motorcycle and bag of the informant containing mobile phone and other articles.

4. Learned counsel for the petitioners submits that petitioner is innocent and has been falsely implicated in this case due to previous enmity with the co-accused Abhi Kumar, who belongs to the petitioner's village. He further submits that petitioner was neither named in the FIR nor any incriminating article has been recovered from the conscious possession of the petitioner. Except confessional statement of the co-accused Abhi

Patna High Court CR. MISC. No. 52157 of 2024(2) dt.21-08-2024 2/2 Kumar, there is no material against the petitioner in this case. The co-accused Abhi Kumar has also in his confession named the petitioner in two other cases in which the petitioner is on bail. Petitioner undertakes to co-operate in the investigation and the trial.

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

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Raghopur P.S. Case No304 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harshita/- U T