Bhawar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80103 of 2023 Arising Out of PS. Case No.-304 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== Bhawar Rai Son Of Late Laxmi Rai Resident Of Village- Bada Kathariya, PsChauradano, Distt- East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manjeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, not named in the F.I.R., is apprehending his arrest in connection with Chhauradano P.S. Case No. 304 of 2022 registered for the offences punishable under Sections 392 of the Indian Penal Code. He has no criminal antecedent as stated in paragraph '3' of the application.

3. Allegation against the petitioner is to commit robbery along with other co-accused persons and while committing so, looted cash of Rs. 8,25,000/- from the informant.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.80103 of 2023(3) dt.07-03-2024 2/3 petitioner submitted that save and except confessional statement of co-accused Sonu Kumar making involvement of petitioner, nothing appears incriminating qua petitioner till now. Learned counsel further submits that co-accused Rakesh Kumar, whose name was also taken by Sonu Kumar in his confessional statement, has already been granted anticipatory bail by learned 22nd Additional Sessions Judge, Motihari vide A.B.P. No. 2934/23 dated 15.07.2023. While concluding argument, learned counsel submits that petitioner is a man of clean antecedent.

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

6. In view of the aforesaid factual submissions as save and except confessional statement no incriminating material has surfaced against the petitioner till now and one of the co-accused namely, Rakesh Kumar has been granted privilege of anticipatory bail by learned 22nd Additional Sessions Judge, Motihari vide A.B.P. No. 2934/23 dated 15.07.2023, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks

Patna High Court CR. MISC. No.80103 of 2023(3) dt.07-03-2024 3/3 from today, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Raxaul at East Champaran, Motihari in connection with Chhauradano P.S. Case No. 304 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Chandra Shekhar Jha, J.) Rajeev/- U T