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Patna High CourtCR. MISC./31290/2023allowed

Suraj Kumar @ Suryakant Nirala v. The State Of Bihar

2023-07-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31290 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- CHANDRADIP District- Jamui ====================================================== Suraj Kumar @ Suryakant Nirala S/O Mahesh Saw Resident Of Village Rajauli P.S. Rajauli District Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bharat Lal For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 414/34 of the Indian Penal Code and Sections 25(1-B)A, 26 and 35 of the Arms Act.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that neither the petitioner has been arrested on the spot nor any incriminating article has been recovered from his possession. He submits that petitioner has been made accused on the statement of co-accused who caught at the spot. Petitioner has no concerned with the alleged Centro Car or recovered firearm. He submits that there is no specific overt act against the petitioner. He further submits that petitioner has no

Patna High Court CR. MISC. No.31290 of 2023(2) dt.17-07-2023 2/2 criminal antecedent as stated in para-3 of this application.

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

5. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chandradeep P.S. Case No. 11 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T