Patna High CourtCR. MISC./28794/2024bail granted

Abhijit Prasar @ Abhijit Kumar Singh v. The State Of Bihar

2024-06-26Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28794 of 2024 Arising Out of PS. Case No.-216 Year-2023 Thana- SONBERSHA RAJ District- Saharsa ====================================================== Abhijit Prasar @ Abhijit Kumar Singh S/o Ajit Kumar Singh @ Pappu Singh R/o vill - Shahmaura, P.S. - Sonbarsa Raj, Distt. - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Punita Kumari Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-06-2024 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Sonbarsaraj P. S. Case No.216 of 2023 under Sections 399 and 402 and of the Indian Penal Code. read with sections 25(1-b)a/ 26 and 35 of the Arms Act.

3. As per the prosecution, the FIR has been lodged against 8 named accused persons including the petitioner and allegation of recovery of arms has been made which is subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that from the content of F.I.R., it become clear that the petitioner has neither been apprehended from the place of occurrence nor

Patna High Court CR. MISC. No.28794 of 2024(3) dt.26-06-2024 2/2 anything has been recovered from his possession.

5. Counsel further submits that the co-accused has disclosed the name of the petitioner and in result, police has inserted his name in this case.

6. Counsel also submits that antecedent of the petitioner is not clean. There is one criminal case pending against the petitioner in which he is on bail.

7. Learned APP for the State opposes the prayer for bail.

8. In the present facts and circumstances, 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 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Sonbarsa P. S. Case No.216 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T