An oral order granting anticipatory bail to an accused with clean antecedents whose name appeared only in a co-accused's confession in a snatching case.
Anticipatory bail granted on bond of Rs. 10,000 each with two sureties to produce himself if arrested/surrenders within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46512 of 2022
Arising Out of PS. Case No.-128 Year-2015 Thana- MINAPUR District- Muzaffarpur
======================================================
AMARNATH RAI S/o Ramadhar Ray Resident of Village - Gaushnagar Dhaw, P.S.-Runnisaidpur, District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mahendra Thakur,Advocate For the Opposite Party/s : Mr.Asha Devi,APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
2 02-01-2023
Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner apprehends his arrest in connection with Minapur P.S. Case No. 128 of 2015 for the offence registered under Sections 395 and 397 of the Indian Penal Code.
As per the prosecution story, the informant alleged that after participating in polio vaccination training, as he was returning, accused persons surrounded him and try to decamp with Rs. 5,000/- and gold chain worth Rs. 60,000/- as also the mobile set. However, as the informant raised alarm, the villagers assembled, as a result whereof the accused persons tried to escape. However, two of them were apprehended namely, Md. Akhtar and Raju Kumar and subsequently on their confessional statement, the name of the petitioner herein cropped up.
Learned counsel for the petitioner submits that he do
Patna High Court CR. MISC. No.46512 of 2022(2) dt.02-01-2023 2/3
not have any criminal antecedent and his name has been taken in the confessional statement only because he is on inimical terms with Raju Kumar, one of the apprehended co-accused. It is his further submission that charge sheet stands submitted against the two accused persons Raju Kumar and Md. Akhtar.
Learned APP for the State, on the other hand, opposes the prayer for bail and submits that the accused persons including the petitioner herein were part of the snatching of the amount from the informant.
Taking into account the fact that he has not been apprehended from the spot, his name has come in the confessional statement, has clean antecedent, this Court is inclined to grant him privilege of anticipatory bail. However, if it is found that he do have criminal antecedent, this anticipatory bail order shall become infructuous.
In the aforesaid circumstances, the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Muzaffarpur in connection with Minapur P.S. Case No. 128 of 2015 subject to condition as laid down under
Patna High Court CR. MISC. No.46512 of 2022(2) dt.02-01-2023 3/3
Section 438(2) of the Cr.P.C.
(Rajiv Roy, J)
Jagdish/Neha/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a snatching case where his name appeared only in a confessional statement.
What conditions are necessary for the grant of anticipatory bail in this case.
1 provisions across 1 enactments
AMARNATH RAI
The State of Bihar
RAJIV ROY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
