Samarjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14938 of 2020 =============================================================== Samarjeet Kumar (Male), aged about -21 years, son of Sanoj Singh, Resident of villageLal Diara, Police Station-Pipariya, District Lakhisarai. ................
Petitioner
Versus
The State of Bihar ................. Opposite party =============================================================== Appearance For the Petitioner/s : Shri Aryan Singh, Advocate For the State : Shri Arun Kumar Pandey, APP ============================================================= CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08.09.2020 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Lakhisarai P.S. Case No.6 of 2020, registered under sections 393 and 307 of the Indian Penal Code and section 27 of the Arms Act.
As per allegation in the F.I.R, two accused persons aged
between 20 and 35 years who were speaking local dialect made an attempt to commit robbery at the shop of the informant. It is stated that while escaping one of them fired at the informant's nephew.
It is submitted by learned counsel for the petitioner that the F.I.R. was registered against two unknown persons. In course of investigation the name of co-accused Chiku Kumar transpired. He was taken into custody. The name of the petitioner transpired in the confessional statement of the said coaccused Chiku Kumar. It is submitted that besides the statement of the co-accused made before police there is no other material against this petitioner. No incriminating article has been recovered from the petitioner's possession who has no criminal antecedent.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the submissions made on behalf of the petitioner and the petitioner not having any criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is
directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Lakhisarai P.S. Case No.6 of 2020, he will be enlarged on bail on furnishing bail bond of Rs 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.
(Partha Sarthy, J) Bibhash U T