Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52747 of 2019 Arising Out of PS. Case No.-58 Year-2019 Thana- DIDARGANJ District- Patna ====================================================== Sonu Kumar Son of Sanjay Ray Resident of Village - Paharpur, P.S.- Jurawanpur, District - Vaishali ... ... Petitioner.

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha For the Opposite Party/s :

Mr.Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 395 of the Indian Penal Code.

The prosecution case as per the written report of the informant submitted to the Station House Officer of Didarganj Police Station is to the effect that on 19.02.2019, the informant along with others was going to Fatuha with two cameras when on the way the cameras were robbed by car and motorcycle borne unknown persons.

It is submitted by learned counsel for the petitioner that the FIR was lodged against unknown. The name of the petitioner sprang up on the statement of co-accused Bipin Kumar, who has been granted regular bail by the learned Court below. It is further submitted that there is no recovery from the

Patna High Court CR. MISC. No.52747 of 2019(3) dt.16-11-2019 2/2 petitioner and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP after going through the case diary submits that the name of the petitioner sprang up on the confessional statement of the co-accused, however, there is no recovery from the petitioner.

Considering the fact that the name of the petitioner sprang up on the confessional statement of the co-accused and statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Patna City in connection with Didarganj P.S. Case No. 58 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T