Chandan Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73720 of 2018 Arising Out of PS. Case No.-210 Year-2017 Thana- KHAIRA District- Jamui ====================================================== Chandan Kumar Das, Son of Gandhari Das @ Gandari Das, Resident of Village- Manjhwe, P.S.-Jamui, District-Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad, Adv.

For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

The prosecution case is that the informant's motorcycle, mobile and cash were robbed by two motorcycle borne criminals, leading to registration of the FIR against four unknown persons. The name of the petitioner sprang up on the confessional statement of co-accused, Sajan Kumar. It is submitted by learned counsel for the petitioner that the petitioner has been roped in in the present case only on the basis

Patna High Court Cr.Misc. No.73720 of 2018(2) dt.21-12-2018 2/3 of confessional statement of co-accused, Sajan Kumar, who has been granted anticipatory bail by a co-ordinate Bench of this Court vide Criminal Miscellaneous No. 63612 of 2017. Moreover, there is no recovery from the possession of the petitioner and similarly situated co-accused have been granted anticipatory bail by a co-ordinate Bench of this Court vide Criminal Miscellaneous Nos. 62841/2018 and 48345/2018. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by learned APP for the State that the name of the petitioner has been sprang up on the confessional statement of co-accused, Sajan Kumar.

Considering the fact that there is no recovery from the petitioner, the name of the petitioner sprang up on the confessional statement of co-accused and similarly situated coaccused persons have been granted anticipatory bail, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court Cr.Misc. No.73720 of 2018(2) dt.21-12-2018 3/3 each to the satisfaction of the learned CJM, Jamui, in connection with Khaira P.S. Case No.210 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T