Suman Paswan @ Suman Saurabh @ Suman Saurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67965 of 2018 Arising Out of PS. Case No.-145 Year-2018 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Suman Paswan @ Suman Saurabh @ Suman Saurav son of Dinesh Paswan, Resident of Village- Kamrouli P.S. Simri, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Shahnawaz Ali For the Opposite Party/s :

Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 393, 414 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act.

The prosecution case as per the written report of Ajay Kumar Jha, S.I. -cum- S.H.O. of University Police Station, Darbhanga submitted to the Station House Officer of Darbhanga Sadar P.S. is to the effect that on 24.04.2018 at 11.50 A.M. the informant along with two Constables were keeping watch at the ATM counter at Kadirabad, in the meanwhile, S.D.P.O. informed that some persons have assembled near S.B.I. Ranipur

Patna High Court Cr.Misc. No.67965 of 2018(2) dt.14-12-2018 2/3 Branch to commit crime, upon which raid was led, whereupon one person was apprehended, who disclosed his name as Aman Kumar Jha and from his possession two live cartridges, one loaded pistol along with two mobile sets were recovered. The apprehended accused named this petitioner.

It is submitted by learned counsel for the petitioner that the name of the sprang up confessional statement of coaccused Aman Kumar Jha, who named the petitioner due to enmity and there is no recovery from the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the name of the petitioner sprang up in the confessional statement of the co-accused. Considering the fact that the name of the petitoner sprang up in the confessional statement of the co-accused coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court Cr.Misc. No.67965 of 2018(2) dt.14-12-2018 3/3 Magistrate, Darbhanga in connection with Darbhanga Sadar P.S. Case No. 145 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T