Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13967 of 2020 Arising Out of PS. Case No.-301 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== NEERAJ KUMAR Son of Dinesh Sah @ Dinesh Kumar Sah Resident of Village - Shitalpur Kamalpur @ Kamalpur, P.S.- Bidupur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 399, 402 and 414 of the Indian Penal Code and 25(1-b)(a), 26, 35 of the Arms Act.

Prosecution case, in short is that on the basis of secret information about assemblage of criminals, the informant went to the mango orchard of village Ramdauli. Seeing the police party, six accused persons managed to escape while two accused persons were apprehended. One of the apprehended accused

Patna High Court CR. MISC. No.13967 of 2020(2) dt.29-06-2020 2/3 disclosed the name of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The name of the petitioner transpired in this case on the disclosure made by co-accused namely Deepak Kumar. There is no recovery of any arms & ammunition from possession of the petitioner. The petitioner has been made accused in the present case due to previous enmity with the co-accused. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 301 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall

Patna High Court CR. MISC. No.13967 of 2020(2) dt.29-06-2020 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T