Kalin Kumar @ Kalin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67011 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- MEHANDIGANJ District- Patna ====================================================== Kalin Kumar @ Kalin son of Raghunath Mahto @ Rargunathnahto Vill.- NasibchakBagicha, P.S. -Mehandiganj, Dist. -Patna as per FIR, resident at Kamaldah path, strong Zim Kebagalwaligali path, P.S.- Mehandiganj, Dist. -Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rudra Deo For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-02-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379 and 34 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that he was intercepted by unknown accused persons, who assaulted by an iron rod etc. and snatched Rs.37,377/- along with a gold chain. Further, the informant called his brother, who informed the police, but till then, the accused persons had fled. It is next alleged that informant inquired from the local people, who disclosed the name of the
Patna High Court CR. MISC. No.67011 of 2024(3) dt.12-02-2025 2/3 accused persons including the petitioner.
4. The learned counsel for the petitioner submits that the occurrence is dated 12.06.2024 and the FIR came to be instituted on 18.06.2024 i.e. after a delay of six days, which cast an aspersion on the case of the prosecution. It is also submitted that petitioner has been implicated in the instant case based on disclosure made by local people, but then, the name of the person, who disclosed the name of the petitioner is not disclosed in the F.I.R., which further cast an aspersion on the case of the prosecution, when admittedly petitioner is a person with clean antecedent.
5. Learned A.P.P. opposes the anticipatory bail application.
6. 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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Ms. Sunite Kumari, the learned J. M., Ist Class, Patna City, Patna in connection with Mehandiganj P. S. Case No.85 of 2024, subject to the conditions laid down under
Patna High Court CR. MISC. No.67011 of 2024(3) dt.12-02-2025 3/3 Section 438(2) of the Cr.P.C. with a condition that one of the bailors of the petitioner shall be his father namely, Raghunath Mahto alias RargunathNahto.
7. The application stands allowed.
8. The petitioner additionally will mark his attendance in the concerned police station in between 15th of every month commencing from February, 2025 till the charge-sheet is not submitted.
9. The Investigating Officer of the case shall be at liberty to file an application seeking cancellation of anticipatory bail granted to the petitioner, if the petitioner does not mark his attendance during the aforesaid period in any of the month till the charge-sheet is not submitted, in that event, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner.
(Satyavrat Verma, J) vikash/- U T