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Patna High CourtCR. MISC./15678/2021allowed

Niraj Kumar v. The State Of Bihar

2021-12-20Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15678 of 2021 Arising Out of PS. Case No.-252 Year-2020 Thana- JAHANABAD District- Jehanabad ====================================================== NIRAJ KUMAR S/O UPENDRA SHARMA R/O VILLAGE-HORILGANJ, P.S-JEHANABAD, DISTRICT-JEHANABAD.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Kumar For the Opposite Party/s :

Mr. Syed Majibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-12-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Jehanabad P.S. Case No. 252 of 2020 registered under Sections 25(1-b)(a)/26/35 of the Arms Act and 30(a) of the Bihar Excise Act.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the possession of this petitioner. Further he submits that from the statement of co-accused in the first information report, it is apparent that petitioner was not present on the spot, as contained in paragraph-6 of the bail application. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.15678 of 2021(2) dt.20-12-2021 2/2 Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Jehanabad in connection with Jehanabad P.S. Case No. 252 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) shailendra/- U T