Rambabu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78391 of 2019 Arising Out of PS. Case No.-229 Year-2016 Thana- CHANPATIA District- West Champaran ====================================================== RAMBABU Son of Bishundev Mahto Residence of Village - Amaithiya, P.S. - Jogapatti, District - West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Chanpatia P.S. Case No. 229 of 2016 registered for the offence punishable under Section 395 of the Indian Penal Code.

The allegation is regarding some cash amount and the tractor being taken away by unnamed accused persons and during the course of investigation, it appears that the co-accused person, namely, Fiayz was apprehended by the police and he, in his confessional statement, is stated to have taken the name of the petitioner as his accomplice.

The learned counsel for the petitioner has submitted that the petitioner is having a clean antecedent, no recovery has been

Patna High Court CR. MISC. No.78391 of 2019(2) dt.02-12-2019 2/2 made from his house as far as the aforesaid amount of cash and tractor snatched by the unknown accused persons are concerned and he has been falsely implicated on account of some altercation in between two communities.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II, Bettiah in connection with Chanpatia P.S.Case No. 229 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) ajay gupta/- U T