Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16335 of 2020 Arising Out of PS. Case No.-344 Year-2019 Thana- BAKHARI District- Begusarai ====================================================== SUJIT KUMAR Son of Shrawan Kumar Paswan @ Shrvan Paswan Resident of Village - Sonama, P.S.- Bakhri, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 272, 273 of the Indian Penal Code and 25(1-B)a, 26 and 35 of the Arms Act.

The prosecution case, in short, is that accused persons variously armed were assaulting a person and when the informant reached, one country made pistol and two live cartridges were recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Arms is said to have been recovered from the possession of coaccused Raj Kishore Sharma. There is no recovery of arms from the possession of the petitioner. The name of the petitioner has transpired

Patna High Court CR. MISC. No.16335 of 2020(2) dt.07-12-2021 2/2 on the basis of disclosure made by the co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bakhri P.S. Case No. 344 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T