Sanjit Kumar @ Rahish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9954 of 2024 Arising Out of PS. Case No.-577 Year-2023 Thana- MAKHDUMPUR District- Jehanabad ====================================================== SANJIT KUMAR @ RAHISH KUMAR SON OF RAMUDIT YADAV R/O VILLAGE- GIDARPUR, P.S.- HULASHGANJ, DIST.- JEHANABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Ojha For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Makhdumpur (Tehta O.P.) P.S. Case No.577/2023, registered for the offence punishable under Sections 399, 402, 414, 420, 467, 468 of the Indian Penal Code & Sections 25(1-B) a, 26 and 35 of the Arms Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and was not arrested from the spot rather he came to be implicated based on confessional statement of Subodh Kumar and Kundan Kumar from whose premises, loaded gun along with cartridges were recovered. At this stage, learned counsel for the petitioner submits that petitioner will not abscond rather will co-operate in the investigation.

4. Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.9954 of 2024(2) dt.27-02-2024 2/2 anticipatory bail of the petitioner and submits that it appears that the petitioner is a gang member of Kundan and Subodh.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below 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 A.C.J.M., IV, Jehanabad in connection with Makhdumpur (Tehta O.P.) P.S. Case No.577/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to his notice that the petitioner despite giving assurance to this court is not co-operating in the investigation in that event the learned trial court shall forthwith cancel the bail bond of the petitioner and shall take all coercive steps to ensure that petitioner is behind bar.

(Satyavrat Verma, J) amit/- U T