Viru Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16980 of 2023 Arising Out of PS. Case No.-513 Year-2018 Thana- BIHAR District- Nalanda ====================================================== VIRU KUMAR Son of Gopal Prasad Ram R/o Moh- Neemganj, Post- Bihar Sharif P.S- Bihar Dist- Nalanda , Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pintu Kumar Patel For the Opposite Party/s :

Mr. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 290, 120B of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of eight cases and allegation is that the petitioner was a member of an unauthorized assembly, further, two cartridges were recovered from the place of occurrence i.e., from a road in front of shop of Naresh Yadav and the name of the petitioner transpired on account of disclosure made by the crowd but then the FIR does not record the name of any person who disclosed the name of the petitioner which cast aspersion

Patna High Court CR. MISC. No.16980 of 2023(2) dt.25-05-2023 2/3 on the veracity of the prosecution case, it is next submitted that since the petitioner has antecedent, as such, the police got him implicated in the manner as alleged in the FIR by taking advantage that his name was disclosed by the crowd, it is also submitted that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession. Learned counsel submits that the petitioner will not abscond and will cooperate in the investigation and will present himself as and when required by the Investigating Officer of the case.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bihar P.S. Case No. 513 of 2018 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.16980 of 2023(2) dt.25-05-2023 3/3 One of the bailor of the petitioner shall be his father, Mr. Gopal Prasad Rai.

(Satyavrat Verma, J) HarshPandey/- U T