Pintu Sah @ Vivek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11605 of 2025 Arising Out of PS. Case No.-257 Year-2024 Thana- JOGAPATTI District- West Champaran ====================================================== Pintu Sah @ Vivek Kumar Son of Rameshwar Sah Resident of Vill- Dumari, P.S.-Yogapatti, Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :
Mr. Shyam Bihari Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 25(1-b)a, 26, 35 of Arms Act.
3. Prosecution case, in brief, is that on 9.8.24 at about 10 AM, while the informant was at police station, he received an information that co-accused Jackey Kumar along with other F.I.R. named accused persons including this petitioner were trying to take over the Eicher tractor which was being carried by the Manager of TVS credit service after getting it auctioned on 8.8.24. Upon getting the said information, police party reached at the place of occurrence and after seeing them, 4-5 persons started to flee during which co-accused Jackey Kumar was apprehended with arms and ammunition.
Patna High Court CR. MISC. No.11605 of 2025(2) dt.21-03-2025 2/3
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Petitioner has been made accused in this case only on the basis of confessional statement of co-accused who was apprehended on the spot with arms and ammunition and the tractor in question. He further submits that there is absolutely no allegation of assault against the petitioner and no arms and ammunition were recovered from his possession.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Yogapatti P. S. Case No. 257 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Patna High Court CR. MISC. No.11605 of 2025(2) dt.21-03-2025 3/3 (Prabhat Kumar Singh, J) Navya/- U T