Rishi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5000 of 2022 Arising Out of PS. Case No.-314 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SANTOSH KUMAR Son of Ramchandra Singh Resident of VillageBhairwar, P.S.- Begusarai Muffasil, District-Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 35069 of 2022 Arising Out of PS. Case No.-314 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RISHI KUMAR S/o Ravindra Kumar @ Ravindra Singh Resident of VillagePansalla, P.S.- Begusarai Muffasil, District- Begusarai. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 5000 of 2022) For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Smt. Divya Bharti For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 (In CRIMINAL MISCELLANEOUS No. 35069 of 2022) For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Begusarai Muffasil (Lakho O.P.) P.S. Case no. 314 of 2021 instituted for the offence under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)A, 26, 35 of the Arms Act.

Patna High Court CR. MISC. No.5000 of 2022(2) dt.04-08-2022 2/3 As per allegation in the FIR, on getting secret information about assembly of miscreants to hatch a conspiracy of dacoity, police party proceeded there. On seeing them, accused persons managed to flee away from there after throwing several arms and four motorcycles.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. Only on mere suspicion, they have been falsely implicated in this case. Neither they were not apprehended on spot nor incriminating article ahs been recovered from their possessin.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Begusarai Muffasil (Lakho O.P.) P.S. Case no. 314 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.5000 of 2022(2) dt.04-08-2022 3/3 learned Chief Judicial Magistrate, Begusarai subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U