Vishal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31640 of 2022 Arising Out of PS. Case No.-55 Year-2022 Thana- PANCHRUKHI District- Siwan ====================================================== Vishal Singh Son Of Raj Kamal Singh R/O Village- Jasauli, P.S.- Pachrukhi, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-11-2022 Heard learned 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, 120(B) of the Indian Penal Code and Sections 25(1-b)a, 26, 27, 35 of Arms Act.

It is a case of hatching a conspiracy. Two persons were apprehended from the spot namely, Nitesh Prajapati and Rupesh Giri. On the confessional statement of apprehended persons, the name of petitioner levelled in this case. It is further alleged that there is recovery of pistol, live cartridge, country made pistol with 315 bore live cartridge,

Patna High Court CR. MISC. No.31640 of 2022(2) dt.22-11-2022 2/3 sharp edged pointed knife from the possession of coaccused persons. Two motorcycles have also been recovered, out of which one alleged to belong to petitioner, as per impugned order.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that due to previous enmity the name of the petitioner has been falsely implicated by one of the apprehended persons. The petitioner has no concern with the seized incriminating articles. Neither the petitioner was apprehended from the spot nor anything has been recovered from the conscious possession of the petitioner.

In the facts and circumstance 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 Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Pachrukhi P.S. Case No. 55 of 2022, subject to the

Patna High Court CR. MISC. No.31640 of 2022(2) dt.22-11-2022 3/3 conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) nirajkrs/- U T