Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32963 of 2022 Arising Out of PS. Case No.-327 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SURAJ KUMAR S/o Sri Umesh Prasad Resident of Gyatri Mandir Road, Nazirpur, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yashraj Bardhan, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 399, 401, 402, 414 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act.

Learned counsel for the petitioner submits that petitioner has antecedent of one case.

The informant alleges that Mintu Kumar @ Aditya Kumar and Rohit Kumar were arrested and rest of the accused persons fled away from the place of occurrence on seeing the police. Further, from Mintu Kumar one pistol and live cartridge were recovered and three motorcycles were also seized from the

Patna High Court CR. MISC. No.32963 of 2022(2) dt.23-11-2022 2/3 place of occurrence. The arrested accused disclosed the name of the accused persons including the petitioner who fled away on seeing the police.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that name of the petitioner transpired in the confessional statement of co-accused which does not have any evidentiary value in the eye of law. It is next submitted that the petitioner will cooperate in the investigation and will present himself as and when required by the investigating officer of the case. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty 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 Ahiyapur P.S. Case No. 327 of 2021, subject to the conditions as laid

Patna High Court CR. MISC. No.32963 of 2022(2) dt.23-11-2022 3/3 down under Section 438 (2) of the Cr.P.C.

One of the bailors of the petitioner shall be his father, namely, Umesh Prasad.

Further, in the event, if the investigating officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving undertaking before this Court is not cooperating in the investigation or is not present himself as and when asked, the learned trial court shall forthwith cancel the bail bond of the petitioner after recording reasons and take all coercive steps to ensure that the petitioner is put behind the bar.

Learned trial court is directed to send a copy of this order to the concerned police station.

(Satyavrat Verma, J) Kundan/- U T