Rajan Kumar @ Rajna @ Rajan @ Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83008 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- MEHANDIGANJ District- Patna ====================================================== Rajan Kumar @ Rajna @ Rajan @ Abhishek Kumar Son of Tejan Mistry @ Tejan Mistri R/O Vill.- Nasib Chak, P.S.- Mehandiganj, Dist.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pradhan For the Opposite Party/s :
Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-01-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307 and 379/34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that he was intercepted by unknown accused persons who assaulted him by an iron rod etc. and snatched Rs. 37,377/- along with a gold chain, further, the informant called his brother who called the police but till then the accused persons had fled away, it is next alleged that informant enquired from the local people who disclosed the name of accused persons including the petitioner.
Patna High Court CR. MISC. No.83008 of 2024(2) dt.24-01-2025 2/3
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that date of occurrence is 12.06.2024 and the FIR came to be instituted on 18.06.2024 i.e. after a delay of six days which casts an aspersion on the case of the prosecution. It is also submitted that petitioner has been implicated in the instant case based on the disclosure made by local people, but then the name of the person, who disclosed the name of the petitioner, is not disclosed in the FIR which further casts an aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned Trial Court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Mehandiganj P.S. Case No. 85 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. as well as
Patna High Court CR. MISC. No.83008 of 2024(2) dt.24-01-2025 3/3 subject to the following conditions:- (a) One of the bailors of the petitioner shall be his father, namely, Tejan Mistry @ Tejan Mistri. (b) The petitioner additionally will mark his attendance in the concerned police station in between 5th of every month commencing from February, 2025 till the charge-sheet is not submitted. (c) The Investigation Officer of the case shall be at liberty to file an application seeking cancellation of anticipatory bail granted to the petitioner, if the petitioner does not mark his attendance during the aforesaid period in any of the month till the charge-sheet is not submitted and the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Satyavrat Verma, J) Rishabh/- U T