Keshav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50327 of 2019 Arising Out of PS. Case No.-807 Year-2018 Thana- MADHEPURA District- Madhepura ====================================================== KESHAV KUMAR, aged about 19 years, Male, Son of Sanjeev Kumar @ Sanjeev Yadav Resident of Village- Keshavpur, Police Station- Sour Bazar, District- Saharsa.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is seeking anticipatory bail in connection with Madhepura P.S. Case No. 807/2018 registered under Sections 392 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is a student of B.A. Part - I and his name has transpired in the confessional statement of the co-accused Mithilesh Kumar and Pappu Kumar. It is submitted that the recovery of motorcycle has taken place from the possession of the co-accused Pappu Kumar and no incriminating material has been recovered from the house of this petitioner. It is also submitted that the petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.50327 of 2019(3) dt.22-10-2019 2/2 Learned A.P.P. for the Sate has opposed the prayer for anticipatory bail of the petitioner and has submitted that the name of this petitioner has come in the confessional statement of the co-accused.

In the given facts and circumstances of the case where the petitioner is said to be a student having no criminal antecedent and no incriminating material has been recovered from the house of the petitioner and save and except the confessional statement of the co-accused, there was no other material to connect the petitioner with the present case, let the above-named petitioner, in the event of his arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhepura, in connection with Madhepura P.S. Case No. 807/2018, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure. (Rajeev Ranjan Prasad, J) Rajeev/- U T