Allowed

Chhotu @ Sankaj v. The State of Bihar

Patna HC21 Feb 2024CR. MISC./4887/2024

Case brief

AI extract

What is this about?

Anticipatory bail application in a Section 392 IPC case concerning snatching of a pickup van. The petitioner claimed implication via a co-accused's custodial confession. The court granted anticipatory bail with conditions under Section 438(2) Cr.P.C., allowing cancellation if the petitioner fails to cooperate in investigation.

What did the court decide?

Anticipatory bail granted; release on furnishing bail bond of Rs. 25,000 with two like sureties, subject to Section 438(2) Cr.P.C. conditions.

Chhotu @ Sankaj Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4887 of 2024

¶2

Arising Out of PS. Case No.-129 Year-2021 Thana- PARASBIGHA District- Jehanabad

¶3

======================================================

¶4

Chhotu @ Sankaj Son of Radhey Shyam Yadav R/o vill - Rasula, P.S. - Kako, Distt. - Jehanabad

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s : Ms. Asha Devi, APP ======================================================

¶9

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

¶10

ORAL ORDER

¶11

2 21-02-2024

¶12

Heard learned counsel for the petitioner as well as

¶13

learned APP for the State.

¶14

The petitioner seeks bail in anticipation of his

¶15

arrest in a case registered for the offences punishable under Section 392 of the IPC.

¶16

The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and came to be implicated in the instant case based on confessional statement of co-accused in police custody which does not have any evidentiary value. It is further submitted that petitioner was not present at the place of occurrence. It is next submitted that allegation in the FIR is of snatching a pickup van. The learned counsel next submits that petitioner will not abscond rather will cooperate in the investigation.

¶17

The learned APP opposes the anticipatory bail

¶18

Patna High Court CR. MISC. No.4887 of 2024(2) dt.21-02-2024 2/2

¶19

application.

¶20

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Parsbigha P.S. Case No.129 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

¶21

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 its notice that petitioner despite giving assurance to this Court is not cooperating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bond of the petitioner.

¶22

The application stands allowed.

¶23

(Satyavrat Verma, J)

Chhotu @ Sankaj v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Chhotu @ Sankaj v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sonu Kumar Vs The State of Bihar

Amit Kumar @ Amit Kumar Singh Vs the State of Bihar

Ramesh Yadav @ Ramesh Kumar Yadav Vs The State of Bihar

Amrendra Singh Vs The State of Bihar

Bipin Kumar Thakur @ Bipin Thakur @ Shailender Kumar @ Shailendra Kumar Vs The State of Bihar

Renu Devi Vs The State of Bihar