Shubham @ Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68097 of 2023 Arising Out of PS. Case No.-230 Year-2023 Thana- PALIGANJ District- Patna ====================================================== Shubham @ Shubham Kumar S/O Manoj Kumar @ Manoj Kushwaha R/O Village- Parshurampur, P.S- Kalpa (O.P), Distt.- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-03-2024 Heard Mr. Manoj Kumar Jha, learned counsel for the petitioner and Mr. Md. Matloob Rab, learned APP for the State.

2. The petitioner is apprehending his arrest connection with Paliganj P.S. Case No. 230 of 2023, F.I.R. dated 05.05.2023 registered for the offences punishable under Section 392 of the Indian Penal Code and later on Section 395 of the Indian Penal Code was added.

3. The F.I.R. of the occurrence of loot is against unknown.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.68097 of 2023(4) dt.05-03-2024 2/3 petitioner has not committed any offence as alleged in the F.I.R. He further submits that the name of the petitioner has been transpired only on the basis of confessional statement of coaccused persons namely Abhishek Kumar, Sujit Kumar and Pintu Kumar and except the aforesaid, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts that the petitioner having clean antecedent and the name of the petitioner has been transpired on the confessional statement of co-accused perons, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Danapur, Patna in connection with Paliganj P.S. Case No. 230 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.68097 of 2023(4) dt.05-03-2024 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T