Maihar Kumar Singh @ Maihar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43510 of 2016 Arising Out of PS.Case No. -278 Year- 2016 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== Maihar Kumar Singh @ Maihar Singh, son of Ramashray Singh, resident of village-Lagadibigha (Daroga Bigha), Police Station-Deepnagar, DistrictNalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 27-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bihar P.S. Case No.278 of 2016 registered under Sections 399, 402 and 120(B) of the Indian Penal Code besides Sections 25(1B)A, 26 and 35 of the Arms Act. The accusation is that on receiving secret information that some miscreants have made preparation and are to assemble at Garhpar for committing loot of money at the Petrol-Pump and van of Post-Office, the police reached at Garhpar Bari Mandit, where 7-8 persons were seen sitting in suspicious condition. On seeing the police, they started to flee away. While three persons, namely,

Patna High Court Cr.Misc. No.43510 of 2016 (3) dt.27-10-2016 2/3 Goldi alias Golden alias Kumar Abhishek, Ramesh Paswan and Badal Kumar were apprehended by the police, 4-5 persons succeeded in fleeing away. The apprehended accused persons were found in possession of loaded country made pistols, live cartridges and mobile phones and they disclosed the named of five accused persons including the petitioner, who succeeded in fleeing away from the place of occurrence.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the apprehended co-accused due to land dispute with the petitioner and the co-accused Shashi Paswan disclosed the name of the petitioner as a person, who succeeded in fleeing away from the place of occurrence. Further submission is that, the petitioner has already filed an Informatory Petition on 04.12.2015 in the court of the Chief Judicial Magistrate about the land dispute in between him and the co-accused Shashi Paswan, who is trying to implicate the petitioner in a false case. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, in connection

Patna High Court Cr.Misc. No.43510 of 2016 (3) dt.27-10-2016 3/3 with Bihar P.S. Case No.278 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T