Anshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74819 of 2022 Arising Out of PS. Case No.-159 Year-2022 Thana- PASRAHA District- Khagaria ====================================================== ANSHU KUMAR S/O Shambhu Yadav R/O Village- Pitaunjhia, P.S- Gogari, District- Khagariya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-04-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Pasraha P.S. Case No. 159 of 2022, registered for the offences punishable under Section 392 of the Indian Penal Code.

As per allegation, three unknown miscreants looted Rs. 5,40,000/- from possession of the informant. They also took away his passbook, Aadhar and Pan card.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing was recovered from his possession and his name has figured in the confessional statement of co-accused. He is under custody since 05.09.2022. He has submitted further that the case of the petitioner is on better footing than that of coaccused Raushan Kumar, who has been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 72515 of 2022, as some articles were recovered from the possession of co-accused

Patna High Court CR. MISC. No.74819 of 2022(3) dt.27-04-2023 2/2 Raushan Kumar.

On the other hand, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Pasaraha P.S. Case No. 159 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T