Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18084 of 2023 Arising Out of PS. Case No.-289 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== Vishal Kumar Son Of Ajay Sahni R/O Village- Bara Bharti, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 399, 402, 400 and 401/34 of the Indian Penal Code, Section 25(1-b)A, 26 and 35 pending in the learned court below.

As per the prosecution case, on secret information police reached the place of occurrence where on vehicle was found standing in which 5-7 persons were sitting. On seeing the police they started running and on chase two persons were apprehended and from the possession of the apprehended persons one loaded country made pistol and two cartridges were recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.18084 of 2023(3) dt.06-07-2023 2/2 case. He further submits that petitioner is made accused in the present case only on the basis of confessional statement of the arrested co-accused Pankaj Kumar and Vikar Kumar, due to local village politics. He submits that there is no recovery made from the conscious possession or the house of the petitioner. He further submits that similarly situated other co-accused person has already been granted anticipatory bail by this Court vide order dated 06.02.2023 passed in Cr. Misc. No. 68724/2022. He submits that petitioner has got one criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Minapur P.S. Case No.289/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T