Harprit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35044 of 2024 Arising Out of PS. Case No.-289 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== HARPRIT KUMAR S/O KISHOR KUMAR @ KISHORI SAHNI @ KISHOR SAHNI R/O VILLAGE- BARA BHARTI, P.S- MINAPUR, DISTT.- MUZAFFARPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Hriday Prasad, Adv.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 399, 402, 400, 401, 34 of the Indian Penal Code and Sections 25(1b)a/26/35 of the Arms Act.

3. It is alleged that on secret information, the police party reached the place of occurrence where one vehicle was found standing in which 5-7 persons were sitting. On seeing the police, they started running, but on chase, two persons were apprehended and disclosed the name of the petitioner, who succeeded in fleeing away.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.35044 of 2024(2) dt.31-07-2024 2/3 that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. Neither there is any recovery from the conscious possession of the petitioner nor he was arrested from the spot. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. There is nothing on record to indicate the complicity of the petitioner barring the confessional statement of the apprehended person. It is further submitted that the similarly situated co-accused has been enlarged on bail by this court vide order dated 06.02.2023 passed in Cr. Misc. No. 68724 of 2022. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, as the similarly situated co-accused has been granted anticipatory bail by this Court, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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

Patna High Court CR. MISC. No.35044 of 2024(2) dt.31-07-2024 3/3 pending/successor Court in connection with Minapur P.S. Case No. 289 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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