Bhimva @ Dipu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63165 of 2018 Arising Out of PS. Case No.-111 Year-2018 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Bhimva @ Dipu Sah Son of Basudeo Sah Resident of Village- Sarmastpur, P.S. Kanti, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Singh, Advocate.

Mr. Santosh Kumar, Advocate.

For the Opposite Party/s :

Mr. Anil Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kanti P.S. Case no. 111 of 2018 registered under Sections 401, 413, 414 and 420 of the Indian Penal Code. On a tip off about presence of three motorcycle borne criminals at the place of occurrence and making plan to commit crime in the petrol pump, informant rushed there and apprehended Anish Kumar @ Punjee while two other accused persons managed to escape. Apprehended accused disclosed the name of the petitioner as his fleeing accomplice. It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.63165 of 2018(2) dt.17-12-2018 2/2 that no such occurrence as alleged ever took place. Petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in the case. He was not apprehended on the spot. There is nothing in the record indicating the complicity of the petitioner barring confessional statement of Anish Kumar @ Punjee who has named the petitioner in the occurrence due to animosity. Motorcycle in question is not belonging to the petitioner and moreover Anish Kumar @ Punjee has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 10.09.2018 passed in Cr. Misc. No. 37733 of 2018.

In the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Learned SDJM West, Muzaffarpur in connection with Kanti P.S. Case No. 111 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.