Chhotu Kumar @ Chhotu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36526 of 2021 Arising Out of PS. Case No.-878 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== CHHOTU KUMAR @ CHHOTU SAH Son of Rajdev Sah Resident of Village - Repura Rampur Balli, P.S. - Saraiya (Jaintpur O.P.), District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2022 Heard leaned 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 399, 402 and 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

The prosecution case is that on the tip off, the police personnel raided the place and arrested four persons and from their possession country made pistols, cartridges & knife were recovered.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the name of the petitioner came into light by

Patna High Court CR. MISC. No.36526 of 2021(2) dt.21-03-2022 2/2 the confessional statement of apprehended co-accused Deepak Kumar from whom, the country made pistol was recovered. He further submits that petitioner was not apprehended at the spot. Petitioner has no criminal antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, West Muzaffarpur in connection with Saraiya P.S. Case No. 878 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T