Saurav Kumar @ Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61600 of 2019 Arising Out of PS. Case No.-95 Year-2019 Thana- ASHTHAWAN District- Nalanda ====================================================== SAURAV KUMAR @ MONU KUMAR Son of Shambhu Sharan Resident of Village - Nichali Kila Garh Per, P.S.- Bihar, Dist.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar No.1 For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

The prosecution case as lodged by the informant is that he used to work, collection of money from different shops accordingly he had collected Rs. 79679/- on the date of occurrence and was returning from Barbigha to Biharsharif and when he reached near Goithba River, four persons on two motorcycles intercepted him and snatched him collected money and his mobile etc.

Learned counsel for the petitioner submits that petitioner has not named in the FIR and the name of the petitioner transpired during course of investigation in

Patna High Court CR. MISC. No.61600 of 2019(3) dt.19-11-2019 2/3 confessional statement of co-accused Sarvottam Kumar. He submits that there is no recovery from the conscious possession of the petitioner. He further submits that there is no specific allegation against the petitioner.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Bihar Sharif in connection with Asthawan Police Station Case No. 95 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as conditions that:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (II) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (III) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court

Patna High Court CR. MISC. No.61600 of 2019(3) dt.19-11-2019 3/3 concerned.

(IV) The petitioner shall co-operate with the investigation, if not already concluded and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) devendra/- U T