Pawan Kumar @ Baban Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58761 of 2024 Arising Out of PS. Case No.-154 Year-2024 Thana- DARAUNDA District- Siwan ====================================================== Pawan Kumar @ Baban Kumar Son of Sudama Chauhan R/V- VillageJhajhawa, Bangar, P.S.- Daraunda, Distt.- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh For the Opposite Party/s :
Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-10-2024
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 offence punishable under Section 392 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 29.04.2024 when he was returning home after closing his shop and reached near Ragadaganj, when he was intercepted by four miscreants, two of whom pointed pistol over his head and thereafter assaulted him and took away the motorcycle, which was registered in the name of Ashok Kumar along with Rs.3000/- cash and mobile phone. It is also alleged that informant can identify the miscreants if he sees their face.
Patna High Court CR. MISC. No.58761 of 2024(3) dt.26-10-2024 2/3
4. The learned counsel for the petitioner submits that F.I.R. was instituted against unknown and the name of the petitioner transpired in the confessional statement of Mukesh in police custody, which does not have any evidentiary value. It is next submitted at the cost of repetition that petitioner is a person with clean antecedent. It is next submitted that petitioner will not abscond rather will co-operate in the investigation to prove his innocence.
5. The learned APP opposes the prayer of anticipatory bail application of the petitioner.
6. Considering the submissions made by the learned counsels for the parties, 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, 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 Daraunda P.S. Case No.154/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. Further, one of the bailors of the petitioner shall be his father, namely, Sudama Chauhan.
Patna High Court CR. MISC. No.58761 of 2024(3) dt.26-10-2024 3/3
8. However, 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 co-operating in the investigation in that event the learned trial court shall be at liberty to forthwith cancel the bail bonds of the petitioner.
9. It is further made clear that if the charge sheet is submitted connecting the petitioner with the offence, in that event, the present anticipatory bail order shall loose its effect. (Satyavrat Verma, J) amit/- U T