Anupam Kumar @ Anupam Sahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65238 of 2018 Arising Out of PS. Case No.-123 Year-2018 Thana- LALGANJ District- Vaishali ====================================================== Anupam Kumar @ Anupam Sahi Son of Sunil Sahi Resident of VillageGorigaon Dih,. Police Station Saraiya, Distt.-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 25(1B)a/26/35 of the Arms Act. The prosecution case as per the self statement of Vishnu Deo Singh, A.S.I. of Lalganj Police Station submitted to the Station House Officer of Lalganj Police Station is to the effect that on 19.04.2018 at 4.00 A.M. during patrolling he received information on mobile phone from Officer-in-Charge of Lalganj Police Station to the effect that the miscreants are travelling on a vehicle, then the vehicle check was arrayed which led to interception of white colour swift car from which two persons got down and started fleeing away, one was

Patna High Court Cr.Misc. No.65238 of 2018(2) dt.13-12-2018 2/3 apprehended and while others managed to escape from the scene. The apprehended accused disclosed his name as Rishi Kumar, from whom one country made pistol and live cartridge were recovered, who disclosed the name of the persons, who escaped from the scene as Anupam Sahi, the petitioner. It is submitted by learned counsel for the petitioner that there is no recovery from the petitioner and his name sprang up on the confession of apprehended accused Rishi Kumar. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the name of the petitioner sprang up on the confession of apprehended accused since the petitioner managed to escape from the scene.

Considering the fact that there is no recovery from the petitioner coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, 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, Vaishali at Hajipur in connection with Lalganj P.S.

Patna High Court Cr.Misc. No.65238 of 2018(2) dt.13-12-2018 3/3 Case No. 123 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T