Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4944 of 2022 Arising Out of PS. Case No.-175 Year-2021 Thana- SONBERSA District- Sitamarhi ====================================================== SUJIT KUMAR S/O MANOJ MAHTO @ MANOJ KUMAR R/o villageBela, P.S.- Sonbarsa, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sonbarsa P.S. Case no. 175/2021 instituted for the offence under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b) a/26/35 of the Arms Act.

As per allegation in the FIR, on getting secret information about assembly of miscreants to hatch a conspiracy, police party reached at spot and succeeded in catching three miscreants, who disclosed the name of the three fleeing persons as of his associates including the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.4944 of 2022(2) dt.02-08-2022 2/2 offence. He has been falsely implicated in this case. The name of the petitioner has been disclosed in this case by the apprehended co-accused Vikash Kumar before the police, which has got no evidentiary value in the eye of law. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sonbarsa P.S. Case no. 175/2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U