Sachita @ Jhakas @ Sachita Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Sachita @ Jhakas @ Sachita Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: release upon arrest or surrender within 4 weeks on bail bonds of Rs.30,000/- with two sureties of the like amount each to the satisfaction of J.M. 1st Class-cum-A.M. Vth, Munger, in connection with Asarganj P.S. Case No. 52 of 2024, subject to Section 438(2) Cr.P.C. conditions; bail cancellable if the petitioner is found not to have a clean criminal antecedent.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Asarganj P.S. Case No. 52 of 2024 (Sections 414 IPC), should be released on anticipatory bail.

Court's answer

The petitioner is to be released on anticipatory bail, in the event of arrest or surrender before the Court below within 4 weeks, on furnishing bail bonds of Rs.30,000/- with two sureties of the like amount each to the satisfaction of J.M. 1st Class-cum-A.M. Vth, Munger, subject to the conditions laid down under Section 438(2) Cr.P.C.

Ratio / Principle

If the I.O. or the Court finds in the future that the petitioner does not have a clean criminal antecedent, his anticipatory bail shall be cancelled.

Detailed headnote1 paragraphs

Anticipatory bail granted to Sachita @ Jhakas @ Sachita Kumar, apprehending arrest in Asarganj P.S. Case No. 52 of 2024 (Sections 414 IPC, P.S. Asarganj, District Munger), where a motorcycle subject to theft was recovered from a co-accused who disclosed the petitioner's name as its purchaser. Petitioner's counsel submitted he had a clean criminal antecedent and nothing was recovered from him; the APP opposed, noting only his clean antecedents favoured him. Release ordered on arrest or surrender within 4 weeks on bail bonds of Rs.30,000/- with two sureties of the like amount each before J.M. 1st Class-cum-A.M. Vth, Munger, subject to Section 438(2) Cr.P.C. conditions, with express stipulation that the bail shall be cancelled if the I.O. or the Court later finds the petitioner lacks a clean criminal antecedent. (Dr. Anshuman, J; oral order dated 29-01-2025.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75574 of 2024

Arising Out of PS. Case No.-52 Year-2024 Thana- ASARGANJ District- Munger

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

Sachita @ Jhakas @ Sachita Kumar Son of Kailu Yadav @ Kailu Manjhi @ Kailash Manjhi Resident of Village- Khudiya, P.S.- Tarapur, District- Munger

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Niranjan Parihar, Adv. For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

3 29-01-2025

Heard learned Counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in connection with Asarganj P.S. Case No. 52 of 2024, registered on 18.03.2024 for the offences punishable under Sections 414 of the Indian Penal Code.

As per the prosecution, the police has recovered a motorcycle, which was subject to theft, from the possession of the co-accused. The apprehended person has disclosed the name of the petitioner, alleging that he purchased the motorcycle from him.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the criminal antecedent of the petitioner is clean and nothing has been recovered from the possession of the petitioner. Counsel further submits that the petitioner’s name has figured in

Patna High Court CR. MISC. No.75574 of 2024(3) dt.29-01-2025 2/2

this case by virtue of confessional statement of co-accused. Counsel further submits that the petitioner himself purchased the said motorcycle from a person without any valid document and subsequently sold it to the other person.

Learned APP for the State opposes the prayer for bail and submits that the only thing in favor of the petitioner is that he has no criminal antecedents.

In the present facts and circumstances, 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 4 weeks from today, on furnishing bail bonds of Rs.30,000/(Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of J.M. 1^st Class- cum- A.M. Vth, Munger in connection with Asarganj P.S. Case No. 52 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

It is made clear that if the I.O. or the Court finds in the future that the petitioner does not have a clean criminal antecedent, his anticipatory bail shall be cancelled.

(Dr. Anshuman, J)

Aman Kumar/-

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