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Patna High CourtCR. MISC./73688/2023allowed

Chotu Yadav @ Suman Kumar v. The State Of Bihar

2023-12-01Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73688 of 2023 Arising Out of PS. Case No.-205 Year-2022 Thana- BARHARA KOTHI District- Purnia ====================================================== Chotu Yadav @ Suman Kumar Son Of Indeshwari Yadav R/O VillageMauzampatti, P.S.- Barhara (RAGHUBANSH Nagar O.P.), District- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Barhara (Raghubansh Nagar O.P) Case No. 205 of 2022 instituted under Section 392 of the Indian Penal Code read with Section 27 of the Arms Act.

3. As per the prosecution case, when the informant was returning to his home then he was stopped by four named accused person who robbed him on the gun point.

4. Learned counsel for the petitioner submits that petitioner is not named in present F.I.R. However, co-accused Monu Kumar in his confessional statement has implicated the petitioner in the crime. He further submits that nothing has been recovered from the conscious possession of the petitioner and he

Patna High Court CR. MISC. No.73688 of 2023(2) dt.01-12-2023 2/2 is neither the owner nor the driver of the said motor cycle. He also submits that the petitioner has clean antecedent and is aged about 18 years.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned C.J.M., Purnea in connection with Barhara (Raghubansh Nagar O.P) Case No. 205 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashutosh/- U T