Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62351 of 2021 Arising Out of PS. Case No.-868 Year-2019 Thana- ARA NAWADA District- Bhojpur ====================================================== Chandan Kumar, Son Of Azad Kumar Resident Of Village- Dhobi Gali Road, Bichli Road Mahajan Tola No.2,P.S.- Town, Dist- Bhojpur (Ara) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Shashi Shekhar Sharma For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 394 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that three accused persons snatched his mobile while he was talking, but he managed to catch one of the accused, who was sitting as pillion behind the motorcycle, but thereafter, all the three accused started assaulting him and pointed gun towards him and thereafter fled. The learned counsel for the petitioner submits that the petitioner was not apprehended from the spot. It is next submitted that his name came in the confessional statement of Krishna Pandey in police custody, which does not have any evidentiary value. It is

Patna High Court CR. MISC. No.62351 of 2021(5) dt.29-08-2022 2/2 also submitted that the looted mobile was recovered from Krishna Pandey. The learned counsel submits that even presuming what is alleged is true without admitting for the purposes of anticipatory bail application, then allegedly the said recovery was made from Krishna Pandey.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

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 Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Ara Nawada P. S. Case No.868 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C., subject to the condition that one of the bailors of the petitioner shall be his father namely, Azad Kumar.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T