Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6324 of 2022 Arising Out of PS. Case No.-158 Year-2021 Thana- JANDAHA District- Vaishali ====================================================== BITTU KUMAR S/o Rajesh Rai @ Rajesh Kumar Ray R/o Village - Araniya, P.S. - Jandaha, Dist. - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2022 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 Jandaha P.S. Case no. 158 of 2021 instituted for the offence under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. As per allegation in the FIR, acting on a tip off police party proceeded towards the place of occurrence and apprehended two accused persons, who disclosed that they were assembled there to hatch a conspiracy and they also disclosed the names of the accused persons including the petitioner, who succeeded in fleeing away.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.6324 of 2022(2) dt.10-05-2022 2/2 offence. He has got no criminal antecedent. No incriminating article has been recovered from house of any accused persons. General and omnibus allegations have been levelled against him. The name of the petitioner has been disclosed in this case by the apprehended co-accused persons, 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 Jandaha P.S. Case no. 158 of 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 Sub-Divisional Judicial Magistrate, Vaishali at Hajipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T