Om Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32884 of 2022 Arising Out of PS. Case No.-648 Year-2021 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Om Prakash Kumar S/O Ramesh Mukhiya @ Ramesh Kumar R/o villageRaja Bajar, P.S.- Motihari Town, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 401, 414 of the Indian Penal Code and section 25(1-B)a, 26 and 35 of the Arms Act.
As per the prosecution case, arms and ammunition has been recovered from possession of co-accused Ansh Gupta and petitioner is alleged to have fled away after seeing the police party.
It is submitted that nothing has been recovered from conscious possession of this petitioner and has been made accused in this case on the basis of confessional statement of co-
Patna High Court CR. MISC. No.32884 of 2022(2) dt.14-11-2022 2/2 accused Ansh Gupta who was apprehended with arms and ammuniton.
Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Town P.S. Case No. 648 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T