Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4808 of 2023 Arising Out of PS. Case No.-476 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== Gaurav Kumar, Son of Mukesh Mahto @ Mukesh Kumar, R/O VillageMahasar, P.S.- Sheikhpura, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Section 364(A)/34 of the Indian Penal Code.

As per prosecution case, son of the informant namely, Dhananjay Kumar was returning along with Munna Kumar and on the way co-accused persons including the petitioner abducted him on gun point.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and no such occurrence, as alleged in the F.I.R., has ever taken place. As a matter of fact, son of the informant and others were arrested by the Police in connection with Sheikhpura (Sirari O.P.) P. S. Case No. 477 of 2022 and as

Patna High Court CR. MISC. No.4808 of 2023(2) dt.07-04-2023 2/2 such, no offence under Section 364 has taken place. He next submits that Annexure-2 which was lodged by the Sheikhpura Police falsifies the instant case.

Considering the aforesaid facts and circumstances, let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheikhpura in Sheikhpura P. S. Case No. 476 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T