Diwakar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 3901 of 2020 Arising Out of PS. Case No.-628 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== Diwakar Thakur S/O Gaurishankar Thakur Resident of Village - Belwa, P.S. - Banuchhapar O.P., District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-03-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Bettiah (Town) P.S. Case No. 628 of 2019 registered for the offence under Sections 414/34 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act.

It is submitted on behalf of petitioner that petitioner has been named in the F.I.R. on the basis of confessional statement of co-accused Sumit Kumar, who was apprehended on the spot, and from whose possession, one country-made kutta alongwith live cartridge was recovered. Petitioner has falsely been implicated. Nothing has been recovered from the possession of petitioner. Petitioner is having no criminal antecedent.

Patna High Court CR. MISC. No.3901 of 2020(2) dt.03-03-2020 2/2 Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned C.J.M., Bettiah, West Champaran in connection with Bettiah (T) P.S. Case No. 628 of 2019, subject to condition, as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T