Golu Shahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73261 of 2018 Arising Out of PS. Case No.-357 Year-2018 Thana- HAJIPUR District- Vaishali ====================================================== Golu Shahi Son of Late Pappu Sahi Resident of Village-Belshar, P.S.- Belshar (O.P).), Distt.-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Archana Jha For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-01-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

The prosecution case, as per the self statement of Inspector of Police, Sunil Kumar, S.H.O., Hajipur Town Police Station is to the effect that on 03.06.2018 at 11 AM, during patrolling and vehicle check, three accused persons were spotted, who started fleeing away from the scene. Ultimately, two accused persons were intercepted, who disclosed their names as Ravi Kumar, Son of Satyendra Singh and Ravi Kumar, Son of Birju Thakur, and also disclosed the name of the petitioner as the third accused person who escaped from the scene. From the

Patna High Court Cr.Misc. No.73261 of 2018(2) dt.09-01-2019 2/3 apprehended accused persons, loaded country made pistols were recovered. They also admitted that they used to commit burglary by changing ATM cards of different account holders. It is submitted by learned counsel for the petitioner that there is no recovery from the petitioner and merely on confession of apprehended accused, the petitioner has been roped in the present case. It is further submitted that the investigation has already concluded. A statement has been made in paragraph no.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 and the petitioner has been chargesheeted.

Considering the fact that no recovery has been made from the petitioner, coupled with the statement made in paragraph no.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/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 like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at

Patna High Court Cr.Misc. No.73261 of 2018(2) dt.09-01-2019 3/3 Hajipur in connection with Hajipur (T) P.S. Case No. 357 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

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