Karamvir Kumar @ Karmvir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9753 of 2020 Arising Out of PS. Case No.-413 Year-2019 Thana- BARH District- Patna ====================================================== KARAMVIR KUMAR @ KARMVIR SINGH, Son of Late Kamlesh Prasad Singh, Resident of Village - Nadawan, Police Station - Barh and DistrictPatna. Presently residing at Mohalla - Gonama Colony, Police Station - Barh, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No.2, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 506/34 of the Indian Penal Code and Sections 25(1-a), 25(1-AA) of the Arms Act. The prosecution case as per the self statement of Sanjeet Kumar, Inspector-cum-S.H.O., Barh Police Station recorded on 30.08.2019 at 10.00 AM. is to the effect that on social media, a post became viral in which two persons were seen with prohibited arms AK-47 whereas one person was seen laying on the bed. Subsequently, the common people disclosed the name

Patna High Court CR. MISC. No.9753 of 2020(2) dt.03-03-2020 2/3 of the persons who were seen with prohibited arms AK-47 as co-accused, Chandan Kumar and Vikky Kumar and the person who was seen laying on the bed is Karamveer Singh, the petitioner.

It is submitted by learned counsel for the petitioner that the accusation has been levelled only on the basis of a fake viral post on the social media, but there is nothing on record to suggest the genuineness of the arms alleged to have seen in such post. Moreover, the petitioner was not seen with any arms in the post. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by learned APP for the State that the petitioner was seen along with two other co-accused persons who were seen in a post on social media with prohibited AK-47 arms.

Considering the nature of accusation and coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.9753 of 2020(2) dt.03-03-2020 3/3 each to the satisfaction of the learned ACJM-I, Barh, Patna, in connection with Barh P.S. Case No.413 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T