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Patna High CourtCR. MISC./1956/2025bail granted

Baiju Kumar @ Chapa v. The State Of Bihar

2025-01-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1956 of 2025 Arising Out of PS. Case No.-534 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Baiju Kumar @ Chapa S/o Satendra Yadav R/o Vill- Bhawani Bigha, P.S.- Chiksaura, Distt.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 399, 400, 401, 402, 467, 468, 471/34, 120(B) of the Indian Penal Code and Section 25(1b)a, 26, 35 of Arms Act. 3 . As per F.I.R., the apprehended accused persons along with this petitioner and others committed theft of buffaloes and this petitioner is alleged to have succeeded in fleeing away from the spot taking advantage of darkness.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Petitioner has been made accused on the basis of confessional statement of coaccused who was apprehended on the spot. No incriminating material has been recovered from possession of the petitioner

Patna High Court CR. MISC. No.1956 of 2025(2) dt.31-01-2025 2/2 and he claims clean antecedent. Similarly situated co-accused person already granted bail by this Court vide order dated 11.09.2024 in Cr. Misc. No. 46123 of 2023 .

5 . Learned A.P.P. for the State vehemently opposed the bail application .

6. Considering the nature of accusation and clean antecedent of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Samastipur in connection with Patory P. S. Case No. 534 of 2023, subject to condition as laid down under Section 482 ( 2 ) of BNSS 2023 .

(Prabhat Kumar Singh, J) Koushik/- U T