Anmol Kumar @ Monu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66569 of 2022 Arising Out of PS. Case No.-58 Year-2022 Thana- AKBARNAGAR District- Bhagalpur ====================================================== ANMOL KUMAR @ MONU RAI Son of Sanjeev Kumar Ray @ Sanjeev Rai @ Sanjeev Kumar R/V- Bharat Rasolpur, P.S- Nathnagar, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Akbarnagar P.S. Case No. 58 of 2022 registered for the offence under Section 394 of I.P.C.

The accused/petitioner is not named in the F.I.R. and is in custody since 07.07.2022.

The allegation against the petitioner is to commit robbery alongwith other co-accused persons and while committing so taken away cash of Rs. 1,60,000/-, one Samsung mobile and motorcycle belongs to informant.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.66569 of 2022(2) dt.23-02-2023 2/3 submitted that the name of petitioner surfaced in present case on the basis of confessional statement of co-accused, namely, Kunal Kumar Singh, where during the course of investigation, one looted motorcycle was recovered in front of the house of petitioner, which is an open place, accessible by general public. It is also submitted that on the basis of such type of recovery petitioner cannot be implicated in present case. While concluding the argument, it has been submitted that petitioner found involved in one case of excise, where he is on bail and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail submitted that looted motorcycle recovered from the petitioner. Considering the facts and circumstances as mentioned above and by taking note of the fact as alleged looted motorcycle recovered from an open place, accessibly by general public coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Akbarnagar P.S. Case No. 58 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.66569 of 2022(2) dt.23-02-2023 3/3 satisfaction of learned A.C.J.M. -I, Bhagalpur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T