Uttam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50411 of 2023 Arising Out of PS. Case No.-180 Year-2023 Thana- ARWAL District- Jehanabad ====================================================== UTTAM KUMAR S/O VISHUNDEO LAL @ CHHOTE LAL SINURIYA R/O VILLAGE- BADRIBIGHA, PS. KHIRIMOD, DIST. PATNA (BIHAR) ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Aman Vishal, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking pre-arrest bail in connection with Arwal P.S. Case No.- 180 of 2023 registered for the offences punishable under Sections 392, 395 of the Indian Penal Code. He has got no criminal antecedent.

3. Learned counsel for the petitioner submits that on 04.04.2023 when the informant was returning on his motorcycle after making collection, he was intercepted by three miscreants who then looted the collection money amounting to Rs. 1,61,666/- from the informant along with a scanner and Tab.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that nothing has recovered from the possession of the petitioner.

5. Learned APP for the State has opposed the prayer for

Patna High Court CR. MISC. No.50411 of 2023(2) dt.23-08-2023 2/2 anticipatory bail of the petitioner.

6. Having regard to the submission of the petitioner that his name has transpired in the confessional statement of the coaccused, there is no recovery from his possession and he has otherwise no criminal antecedent, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named shall be enlarged on bail in connection with Arwal P.S. Case No.- 180 of 2023 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad (Bihar) , subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) tusharika/- U T