Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8142 of 2021 Arising Out of PS. Case No.-807 Year-2020 Thana- NAWADA District- Nawada ====================================================== Raushan Kumar Son Of Bampat Choudhary @ Arvind Kumar Choudhary Resident Of Villagep- Pachrukhi, Ps- Akbarpur, District- Nawada ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Ms. Renu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-12-2021 Heard learned counsel for the petitioner and Ms. Renu Kumar, learned APP for the State.

The petitioner, in the present case, is seeking prearrest bail in connection with Nawada (Bundelkhand) P.S. Case No. 807 of 2020 registered for the offences punishable under Sections 414 of the Indian Penal Code. He has one criminal antecedent as stated in paragraph '3' of the application. As per the prosecution story, the informant has alleged that on 04.09.2020, when he along with police personnel reached near the Kabristan and saw that one motorcycle rider, on seeing the police party, tried to flee away. The informant apprehended one person who disclosed his name as Vikash Kumar and disclosed the name of Chandan Kumar who fled away. The accused person not produced any paper with respect to the motorcycle in question. The apprehended accused person

Patna High Court CR. MISC. No.8142 of 2021(2) dt.01-12-2021 2/3 said that he purchased the said motorcycle from this petitioner. Learned counsel for the petitioner submits that the name of the petitioner has transpired in the confessional statement of apprehended accused Vikash Kumar, petitioner has no concern with the motorcycle.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the submissions that the name of the petitioner has transpired in the confessional statement of the apprehended accused, however the petitioner has no concern with the motorcycle with which said accused has been arrested, this Court directs that in the event of his arrest or surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada (Bundelkhand) P.S. Case No. 807 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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

Patna High Court CR. MISC. No.8142 of 2021(2) dt.01-12-2021 3/3 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. This application stands allowed.

(Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.