Bobby Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30434 of 2022 Arising Out of PS. Case No.-190 Year-2021 Thana- ECONOMIC OFFENCE DistrictDarbhanga ====================================================== BOBBY KUMAR SHARMA Son of Birendra Sharma @ Biresh Sharma Resident of Village - Bagwasha, P.S.- Katra, Dsitt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. A.G, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 392 and 411 of the Indian Penal Code and Section 25(1-b), 26 and 35 of the Arms Act.

The informant alleges that three unknown criminals looted his motorcycle on point of gun and fled but were chased by the police and one accused Karan was arrested who disclosed the name of the petitioner and other accused persons, further, from Karan arms and cartridges were recovered. Learned counsel next submits that the petitioner was not arrested from the spot as such nothing was recovered from

Patna High Court CR. MISC. No.30434 of 2022(2) dt.18-11-2022 2/3 his conscious possession, it is next submitted that his name transpired in the confessional statement of Karan in police custody which does not have any evidentiary value, it is next submitted that at the cost of repetition that petitioner is a person with clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Simari P.S. Case No. 190 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

One of the bailor shall be the father of the petitioner Birendra Sharma alias Biresh Sharma.

Further, in the event if the I.O. of the case files an application before the learned Trial Court bringing to its notice that the petitioner is not cooperating in the investigation, then

Patna High Court CR. MISC. No.30434 of 2022(2) dt.18-11-2022 3/3 the learned Trial Court after hearing the petitioner shall pass order in accordance with law and shall be at liberty to even cancel the bail bonds.

(Satyavrat Verma, J) HarshPandey/- U T