Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31599 of 2020 Arising Out of PS. Case No.-103 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== Sandeep Kumar Son of Birbal Ray Resident of Village - Arnia, P.S. - Jandaha, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, APP For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Jandaha P.S. Case no. 103 of 2020 registered under sections 399, 402 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 F.I.R., on seeing the police personnel the accused persons who were travelling in an alto car attempted to escape. It is stated that four of them were arrested from whose possession incriminating articles including loaded pistols were recovered and they disclosed the name of the persons who had managed to escape as that being the petitioner. It is submitted by learned counsel for the petitioner that the allegation as levelled in the F.I.R. with respect to the

Patna High Court CR. MISC. No.31599 of 2020(3) dt.04-03-2021 2/2 petitioner are false and concocted. There is no other incriminating material against this petitioner except the confessional statement of a co-accused made before the police. No incriminating article has been recovered from his possession and he has no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case, this 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 Jandaha P.S. Case no. 103 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 the learned S.D.J.M., Vaishali at Hajipur, subject to the conditions as laid down in section 438(2) of the Code of Criminal Procedure.

(Partha Sarthy, J) Bibhash/- U T