Patna High CourtCR. MISC./34678/2023allowed

Sudhir Kumar @ Sudhir Yadav v. The State Of Bihar

2023-07-21Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34678 of 2023 Arising Out of PS. Case No.-173 Year-2022 Thana- BIND District- Nalanda ====================================================== Sudhir Kumar @ Sudhir Yadav, aged about 25 years, Male Son of Raj Kumar Yadav, Resident of village - Masia Bigha, P.S. - Bind, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anirudh Kumar Sinha, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Bind P.S. Case No. 173 of 2022 dated 21.11.2022 instituted under Sections 25(1-b)a/ 26 and 35 of the Arms Act.

3. As per the prosecution case, two co-accused persons apprehended with country made pistol, live cartridges, motorcycle and one person fled away. The apprehended coaccused person disclosed the name of the petitioner who fled away from place of occurence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He is a student of engineering having no concern with the co-accused persons and seized articles. The alleged recovery is

Patna High Court CR. MISC. No.34678 of 2023(2) dt.21-07-2023 2/2 from the possession of the co-accused. He has no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-III, Nalanda at Biharsharif in connection with Bind P.S. Case No. 173 of 2022, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Anand Kr.

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