Vinay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74128 of 2023 Arising Out of PS. Case No.-49 Year-2023 Thana- Dehri Mufassil District- Rohtas ====================================================== VINAY KUMAR SON OF SRI SHOBH NATH SINGH R/O VILLAGEPORA, P.S.- CHENARI, DISTRICT- ROHTAS ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur Mr. Ritvik Thakur Ms. Vaishnavi Singh For the Opposite Party/s :
Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-03-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Dihri (Mufassil) Police Station Case No. 49 of 2023, dated 12.03.2023, disclosing offences under Section 392 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that the petitioner, while he was going on motorcycle towards his home, was intercepted by some unknown persons sitting in a car, who took away the petitioner's purse containing a sum of Rs. 4,000/-, ATM, driving license, etc. and bank passbook from the motorcycle's dicky.
4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.74128 of 2023(3) dt.05-03-2024 2/3 petitioner is having no criminal antecedent and he has falsely been implicated in the present case on the basis of confessional statement made by co-accused Rohit Kumar. The petitioner is a student who graduated in 1st Division in B.Sc. (Hons) Chemistry and is preparing for competitive examination. He next submits that the informant has filed an application before the Deputy Inspector General of Police, Rohtas, stating therein that the petitioner is known to the informant from before and at the time of occurrence the petitioner was not present, alongwith the accused persons.
5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that the informant has filed an application before the DIG, Rohtas, regarding identity of the petitioner and the petitioner is having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each
Patna High Court CR. MISC. No.74128 of 2023(3) dt.05-03-2024 3/3 to the satisfaction of learned Sub Divisional Judicial Magistrate, Rohtas at Sasaram, in connection with Dihri (Mufassil) Police Station Case No. 49 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T