Dharmendra Kumar @ Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20573 of 2021 Arising Out of PS. Case No.-326 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Dharmendra Kumar @ Randhir Kumar S/O Sakindar Sahani R/o villageKorakhargi, P.S.- Parsauni, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Section 25(1-B) a, 26, 35 of the Arms Act.

The prosecution case as per F.I.R is that one

Patna High Court CR. MISC. No.20573 of 2021(4) dt.07-02-2022 2/3 Manjay Sahni was arrested in an injured condition and from his possession, one country made loaded pistol and three live cartridges along with a stolen motorcycle were recovered. The apprehended person named the petitioner as a person who fled away from the place of seizure and claimed that the arms and the stolen motorcycle were provided by the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner was not apprehended from the spot. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has been roped in the present case only on the confession of the apprehended accused person. The petitioner has no concern either with the stolen motorcycle or the recovered arms. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the aforestated facts, let the petitioner, above named, in the event of his arrest or

Patna High Court CR. MISC. No.20573 of 2021(4) dt.07-02-2022 3/3 surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VII, Sitamarhi in connection with Runnisaidpura P.S. Case No. 326 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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