Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67675 of 2023 Arising Out of PS. Case No.-395 Year-2022 Thana- MANIYARI District- Muzaffarpur ====================================================== BITTU KUMAR SON OF LATE RAMKISHOR RAI RESIDENT OF VILLAGE - MOKAMMA, P.S. - KURHANI, DISTRICT - MUZAFFARPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raju Kumar For the Opposite Party/s :
Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-03-2024
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 offences punishable under Sections 414, 467, 468 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner has antecedent of three cases, but then he is on bail in all three cases. It is further submitted that in the present case, he came to be implicated based on confessional statement of apprehended accused in police custody which does not have any evidentiary value. It is next submitted that the petitioner will not abscond rather will co-operate in the investigation.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.67675 of 2023(4) dt.18-03-2024 2/3
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court 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 Maniyari P.S. Case No. 395 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. One of the bailors of the petitioner shall be his mother, Nirmala Devi.
7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that 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 and to take all coercive steps to ensure that petitioner is behind bars.
8. It is further made clear that in the event if charge sheet is submitted connecting the petitioner with the offence or the I.O. finds that the petitioner carries antecedent of more than
Patna High Court CR. MISC. No.67675 of 2023(4) dt.18-03-2024 3/3 three cases, in that event also the present anticipatory bail order shall lose its effect.
(Satyavrat Verma, J) Rishabh/- U T