PATNA, India, June 11 -- Patna High Court issued the following order on May 13:

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

2. The petitioner apprehends his arrest in connection with Aurangabad (Town) P.S. Case No. 664 of 2024 registered for the offences punishable under Sections 304(2) of the B.N.S., 2023.

3. While the informant was returning from school, in the meanwhile, a bike rider who was already present there and one another person came there from the front side, snatched her golden chain and both of them fled away.

4. Learned counsel for the petitioner contended that the petitioner has nothing to do with the alleged offence levelled in the FIR. However, during the course of investigation, the name of the petitioner surfaced on the confessional statement of co-accused Md. Arif Ali, who disclosed this fact that after theft of gold items, he used to sell the same in the shop of the petitioner and his brother Dhiraj Kumar. Based upon the confessional statement of co-accused Md. Arif Ali, the police conducted raid in their shop and some gold items were recovered.

5. Learned counsel for the petitioner further contended that the father of the petitioner is a registered owner of Sona Jewellers located at Dehri-on-Sone, where the petitioner along with his brother also looking after the business. It is the admitted position that no stolen article has been recovered from the shop of the petitioner, rather some 24 carat gold items and seal were recovered, which is nothing but kept for regular business. Prior to the institution of Aurangabad (Town) P.S. Case No. 238/2024, the petitioner had absolutely clean antecedent but the date on which the confession of co-accused Md. Arif Ali was recorded, his name has been implicated in six other cases of theft. Taking note of the aforesaid fact, this Court had accorded the privilege of anticipatory bail to the petitioner in four of the cases.

5. On the other hand, learned counsel for the State opposed the bail application and submitted that the confession of the co-accused and recovery of gold items from the shop of the petitioner clearly suggest the involvement of the petitioner in the crime.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that save and except the confessional statement, there is no material suggesting complicity of the petitioner in the crime; moreover, the petitioner is able to show his bona fide that the shop in the name of Sona Jewellers has been running under the proprietorship firm of his father and prior to the confessional statement of the co-accused, petitioner had absolutely clean antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Aurangabad (Town) P.S. Case No. 664 of 2024, subject to the condition as laid down under Section 482(2) of the B.N.S.S., with further condition that one of the bailors shall be the own/close family members of the petitioner.

Disclaimer: Curated by HT Syndication.