Govind Kumar @ Govinda Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49745 of 2025 Arising Out of PS. Case No.-44 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Govind Kumar @ Govinda Kumar S/o Chandrika Das R/o Vill- Madhopur, Ward No. 9( Ahir Tola), P.S.- Manjhauliya, District- West Champaran, Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== 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 Section 392 of the IPC.

3.

Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that he along with his son were going to Motihari from Bettiah, when they were intercepted by three unknown accused, who looted their motorcycle along with other articles on point of gun.

4.

It is next submitted that FIR was against unknown and the petitioner came to be implicated based on confessional statement of co-accused in police custody, which does not have

Patna High Court CR. MISC. No.49745 of 2025(2) dt.12-08-2025 2/3 any evidentiary value. It is also submitted that since petitioner has antecedent of one case, as such the police implicated him mechanically without holding proper investigation. 5.

The learned APP opposes the prayer for anticipatory bail of the petitioner and submits that investigation is in its nascent stages and in the event a privilege of anticipatory bail is granted to the petitioner, the petitioner may abscond, on which the learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond rather will cooperate in the investigation to prove his innocence. 6.

Considering the submissions made by the learned counsel for the petitioner, 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. 25,000/- (Rupees Twenty-five 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 Sugauli P.S. Case No. 44 of 2023, subject to the conditions as laid down under Section 482 (2) of the BNSS.

7.

One of the bailors of the petitioner shall be his father, Chandrika Das.

Patna High Court CR. MISC. No.49745 of 2025(2) dt.12-08-2025 3/3 8.

However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner, despite giving assurance to this Court, is not cooperating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. 9.

It is further made clear that if charge-sheet is submitted connecting the petitioner with the offence, apart from confession, in that event the present anticipatory bail order shall lose its effect.

10.

Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) Sumit/- U T