Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50169 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -KANTI District- MUZAFFARPUR ======================================================
1. Raju Kumar Son of Tarkeshwar Rai Resident of Village- Bhagwanpur, Yadav Nagar, P.S. Sadar District Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nachiketa Jha, Advocate For the Opposite Party/s : Mr. Sri Surendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 399, 402, 412 and 414 of the Indian Penal Code, Sections 25(1-b)/a/26(ii)/35 of the Arms Act as well as under Sections 20/22 of the N.D.P.S. Act.
The Police apprehended three persons as they were making preparation to commit dacoity. One of the persons Raza Babu, son of Mohan Rai disclosed the name of petitioner as coculprit, who had fled away from the place of occurrence. Submission of the petitioner is that since the petitioner had lodged Muzaffarpur Sadar P.S. Case No. 677 of
Patna High Court Cr.Misc. No.50169 of 2016 (4) dt.09-01-2017 2/2 2015 on 22.12.2015 under Section 307 of the Indian Penal Code against Raza Babu, hence, he had grudge and falsely named the petitioner as co-culprit. The petitioner has no criminal antecedent. Let, the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, Muzaffarpur/Successor Court in connection with Kanti Police Station Case No. 05 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Birendra Kumar, J) Vats/- U T