Sachin Kumar Yadav @ Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23187 of 2020 Arising Out of PS. Case No.-34 Year-2020 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== SACHIN KUMAR YADAV @ SACHIN KUMAR S/o Sri Birju Yadav Resident of Village- Sakra, P.O.- Rajour, P.S.- Gadhapura, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar Karan For the Opposite Party/s :

Mr.Uma Shankar Pd. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 399, 402 of the Indian Penal Code and 25(1-b)d/26/35 of the Arms Act.

Allegation is that two country made pistols and five

Patna High Court CR. MISC. No.23187 of 2020(2) dt.30-09-2020 2/2 live cartridges are recovered from the accused persons. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in this case on disclosure made by co-accused. There is no recovery of arms from the possession of the petitioner. The petitioner has been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of eight 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 Additional Chief Judicial Magistrate, Biraul in connection with Kuseshwar Asthan P.S. case No.34 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- (Sudhir Singh, J) U