Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15464 of 2020 Arising Out of PS. Case No.-413 Year-2019 Thana- PIPRA District- East Champaran ====================================================== SONU KUMAR S/o Rameshwar Sah R/o village- Sita Kund, P.S.- Pipra, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava, Adv.

For the Opposite Party/s :

Mr.B.N.Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-09-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Pipra P.S. Case No.413 of 2019 registered under Sections 399, 402, 413, 414, 120B and 34 of the Indian Penal Code and under Sections 25(1b)a, 26 and 35 of the Arms Act. The police officer, who is informant of the case, alleged that he got information that many criminals had assembled near R.P.B.D. Inter college for committing cognizable offence. They had assembled with the looted motorcycles. The police raided the place and arrested six persons. From their possession, arms and ammunition were recovered. Three persons fled away on a Hero Honda motorcycle. From the apprehended accused, motorcycles were also recovered. The apprehended accused disclosed the name of the petitioner and two others on the spot itself that they

Patna High Court CR. MISC. No.15464 of 2020(3) dt.30-09-2020 2/2 managed to escape.

The learned counsel for the petitioner submits that petitioner is a student. Petitioner has got no criminal antecedent. On account of some petty dispute, the students, who were apprehended on the spot, disclosed the name of the petitioner as a person who managed to flee away but it appears that from the apprehended accused, arms and ammunition and stolen motorcycles were recovered and the apprehended accused on the spot itself disclosed the name of the petitioner who managed to flee away along with two persons on a Hero Honda motorcycle. There appears that petitioner had no enmity with the apprehended accused persons.

Taking into consideration the facts aforesaid and nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced by the order of this Court.

Saurabh/- (Prabhat Kumar Jha, J) U T