Lav Kumar @ Lav Kush Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18703 of 2024 Arising Out of PS. Case No.-437 Year-2023 Thana- KARAKAT District- Rohtas ====================================================== Lav Kumar @ Lav Kush Kumar Son of Papan Khalifa, Resident of Village -Walidad Police Station -Mehdiya District -Arwal. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghunandan Kumar Singh, Advocate.
For the Opposite Party/s :
Mr. Syed Ehteshamuddin, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 27-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Karakat P.S. Case No.437 of 2023 instituted under Sections 414/34 of the Indian Penal Code and under Sections 25(1-b)a/26, 35 of the Arms Act and under Section 11 of the Prevention of Cruelty Animal Act, 1960.
3. As per the prosecution case, when the informant who is Police official reached the concrete road in front of Gram Bharat Kasba School, she stopped a pickup van coming from the front. Seeing the police force, four persons sitting behind the pickup and on the driver's roof ran away and three accused persons were caught. One country made pistol, two bullets, two Samsung mobiles and one Vivo mobile were recovered from the possession of arrested persons and three Paadi and one Bachi were recovered from the pickup van.
Patna High Court CR. MISC. No.18703 of 2024(2) dt.27-03-2024 2/2
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that no material has been recovered from the possession of petitioner and only on the basis of confessional statement his name has been implicated in this case. Learned counsel submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and in the trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Additional Chief Judicial Magistrate-1, Bikramganj, Rohtas in connection with Karakat P.S. Case No.437 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) Ritik/- U T