Anup Kumar Ram @ Anup Kumar @ Anup Ram @ Ankit Bhumihar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59578 of 2024 Arising Out of PS. Case No.-325 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== Anup Kumar Ram @ Anup Kumar @ Anup Ram @ Ankit Bhumihar Son of Late Kamal Kishor Rakesh @ Late Kamal Kishor Resident of Village - Sisradh, P.S. -Rajpur, District - Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Shankar Pathak, Adv.
For the Opposite Party/s :
Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with S. Tr. No. 98 of 2024 arising out of Nawanagar (Sonvarsha O.P.) P.S. Case No. 325 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.
3. As per prosecution case, when the Informant was going to his home by his car, three unknown persons came on a white motorcycle, stopped his car by overtaking and snatched the bag containing Rs. 1,00,000/- on the gun point.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.
Patna High Court CR. MISC. No.59578 of 2024(2) dt.23-08-2024 2/3 The petitioner is not named in the F.I.R. and his name has surfaced in this case on the basis of the confessional statement of the co-accused Suryabhan Singh. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. No T.I.P. has been conducted for identification of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has altogether eight criminal antecedents and is languishing in judicial custody since 15.01.2024 without any rhymes or reason.
5. Learned counsel for the petitioner again submits that the co-accused namely Rohit Singh has been granted bail by this Court vide order dated 05.12.2023 passed in Cr. Misc. No. 77217 of 2023.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S. Tr. No. 98 of
Patna High Court CR. MISC. No.59578 of 2024(2) dt.23-08-2024 3/3 2024 arising out of Nawanagar (Sonvarsha O.P.) P.S. Case No. 325 of 2023.
(Rudra Prakash Mishra, J) rishi/- U T