Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13292 of 2023 Arising Out of PS. Case No.-289 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

CHANDAN KUMAR Son of Pramod Sahni @ Pramod Kumar Sahani R/vMadhuwan Kanti, P.S.- Minapur, District- Muzaffarpur 2.

DEEPAK KUMAR Son of Suresh Sahani R/v- Bara Bharati , P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-04-2023 Heard learned counsel for the petitioners as well as learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 399, 402, 400, 401/34 of the Indian Penal Code and 25(1-b) A, 206, 35 of Arms Act. Allegedly, police recovered arms and ammunition from co-accused persons. The co-accused persons disclosed the name of the petitioners that they were planning to commit loot. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.13292 of 2023(2) dt.29-04-2023 2/3 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. There is no recovery from the conscious possession of the petitioners, they were not named in the FIR. Their name transpired in the present case on the basis of confessional statement of apprehended co-accused. There is no material evidence against the petitioners. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case as the petitioners have no criminal antecedent, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Minapur P.S. Case No.289 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. However, learned Court below is directed to verify the

Patna High Court CR. MISC. No.13292 of 2023(2) dt.29-04-2023 3/3 criminal antecedent of the petitioner, if it is found that the petitioner has criminal antecedent then his bail bond shall not be accepted.

(Anjani Kumar Sharan, J) shikha/- U T