Prabhat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71659 of 2021 Arising Out of PS. Case No.-155 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== PRABHAT KUMAR Son of Chotelal Rai Resident of Village - Ayodhya Bari, P.O.- Lakho , P.S.- Lakho (O.P.), Muffasil, Distt.- Begusarai - 851129 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

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

As per prosecution case, two accused persons on the point of firearm dispossessed the informant of the vehicle as also looted other articles as mentioned in the FIR. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the name of the petitioner came into light on the confessional statement of co-accused Vivek Kumar and Deewana Kumar, from whose possession a Bolero pick-up vehicle was recovered and they were apprehended at the spot.

Patna High Court CR. MISC. No.71659 of 2021(2) dt.27-07-2022 2/2 Mere confessional statement of co-accused is not admissible in respect of this petitioner and nothing has been recovered from the possession of this petitioner. He further submits that similarly situated co-accused persons have been granted regular bail by different Benches of this Court passed in Cr. Misc. No. 41995 of 2021 and Cr. Misc. No. 46123 of 2021 respectively. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai in connection with Begusarai Town P.S. Case No. 155 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T