Abhinav Kumar @ Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31321 of 2021 Arising Out of PS. Case No.-457 Year-2017 Thana- BAKHTIYARPUR District- Patna ====================================================== Abhinav Kumar @ Aman Kumar Son of Naresh Kumar Yadav Resident of Village - Belthan, Police Station - Bakhtiyarpur, District - Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Kashyap For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bakhtiyarpur P.S. Case no. 457 of 2017 instituted for the offence under Sections 399 and 402 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act. As per allegation in the FIR, several accused persons including the petitioner were assembled near temple of Baba

Patna High Court CR. MISC. No.31321 of 2021(2) dt.17-02-2022 2/3 Chhatarpatel for hatching a conspiracy. On getting secret information, police team reached there and apprehended three accused persons, who disclosed the name of the petitioner who managed to escape. On their instance, a search was made and mobile sets and arms were recovered.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. The name of the petitioner has been disclosed in this case by the apprehended coaccused, which has no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his conscious possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bakhtiyarpur P.S. Case no. 457 of 2017, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.31321 of 2021(2) dt.17-02-2022 3/3 to the satisfaction of learned A.C.J.M.1st, Barh, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U T