Anshu Kumar vs The State Of Bihar
2021 Latest Caselaw 2453 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 35499 of 2020

        Arising Out of PS Case No.-298 Year-2019 Thana- DESARI District- Vaishali
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Anshu Kumar, aged about 30 years (Male) Son of Mahesh Jayswal resident of Village + PO +PS - Desari, District- Vaishali.

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

 For the Petitioner/s     :        Mr. SSP Yadav, Advocate
 For the State            :        Mr. Raj Ballabh Singh, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 21-06-2021

The matter has been heard via video conferencing.

2. Heard Mr. SSP Yadav, learned counsel for the

petitioner and Mr. Raj Ballabh Singh, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Desari PS Case No. 298 of 2019 dated 28.08.2019, instituted

under Section 395 of the Indian Penal Code.

4. The petitioner, though not named in the FIR, is

alleged to be party to the dacoity committed in the house of the

informant in which cash and various articles, including gold and

silver jewellery have been looted as also documents.

Patna High Court CR. MISC. No.35499 of 2020 dt.21-06-2021

5. Learned counsel for the petitioner submitted that he is

not named in the FIR and only on the confessional statement of

co-accused Nitesh Kumar, who was arrested by the police, he has

also been implicated in the case. It was submitted that the

petitioner has no criminal antecedent. It was also submitted that

similarly situated co-accused Pumpum Chaudhary @ Mukesh

Kumar by order dated 23.06.2020 in Cr. Misc. No. 9259 of 2020

and co-accused Krishna Paswan by order dated 05.02.2021 in Cr.

Misc. No. 27518 of 2020, have been granted anticipatory bail.

Learned counsel submitted that even otherwise, there is no injury

caused to any inmate of the informant's family.

6. Learned APP submitted that there is no reason for the

co-accused to falsely take the name of the petitioner as one of the

persons who was part of the 10-15 persons who had committed

the crime. It was also submitted that from co-accused Nitesh

Kumar, who was arrested, there is recovery pistol, two cartridges

and looted silver payal and nose pin.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with Patna High Court CR. MISC. No.35499 of 2020 dt.21-06-2021

two sureties of the like amount each to the satisfaction of the

learned Court concerned, Vaishali in Desari PS Case No. 298 of

2019, subject to the conditions laid down in Section 438(2) of the

Code of Criminal Procedure, 1973 and further, (i) that one of the

bailors shall be a close relative of the petitioner, (ii) that the

petitioner and the bailors shall execute bond with regard to good

behaviour of the petitioner, and (iii) that the petitioner shall also

give an undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being absent

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of his bail bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

Patna High Court CR. MISC. No.35499 of 2020 dt.21-06-2021

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T