Bashkeat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7259 of 2017 Arising Out of PS.Case No. -104 Year- 2016 Thana -KARJA District- MUZAFFARPUR ====================================================== Bashkeat Kumar, son of Chalitar Ray, Resident of Village- Chota Sumera, P.S.- Kudhani, District- Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-02-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Karja P.S. Case No. 104 of 2016 for the offences instituted under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a, 35 of the Arms Act.

It is alleged that one Semi automatic pistol loaded with three live cartridges along with one Intex company mobile as well as motorcycle are said to have been recovered from the possession of co-accused namely Md. Rijwan.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.7259 of 2017 (2) dt.16-02-2017 2/2 petitioner has falsely been implicated in the present case. The name of the petitioner has come on the disclosure made by coaccused. There is no other substantial evidence to suggest his implication in the present case. There is no recovery of any incriminating article from possession of the petitioner. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Karja P.S. Case No. 104 of 2016 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Amit Kumar Tiwari, J.M.1st Class, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T