Aditya Kumar @ Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30517 of 2020 Arising Out of PS. Case No.-11 Year-2020 Thana- MANJHI District- Saran ====================================================== ADITYA KUMAR @ MITHUN KUMAR S/O Gautam Yadav R/O Village - Gauri, P.S. - Manjhi, District - Chapra (Saran). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Murari Mishra, Adv.

For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Manjhi P.S. Case No. 11 of 2020, registered under sections 413 and 414 of the Indian Penal Code and sections 25 (1-B)(a), 26 and 35 of the Arms Act.

As per allegation in the FIR, it is stated that on a raid being conducted Santosh Kumar, co-accused and brother of the petitioner was caught and a country made revolver and two live cartridges were recovered from his possession. It is stated that he disclosed the name of the petitioner herein, who managed to escape.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.30517 of 2020(2) dt.19-01-2021 2/2 that the allegations against the petitioner as levelled in the FIR are false and concocted. The petitioner was neither caught at place of occurrence nor any incriminating article has been recovered from his possession. He has no criminal antecedent. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Manjhi P.S. Case no. 11 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, XIV, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U T