Sourav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39689 of 2024 Arising Out of PS. Case No.-51 Year-2024 Thana- SAUR BAZAR District- Saharsa ====================================================== Sourav Kumar S/o Mantun Yadav R/o Village-Kapasiya, P.S.-Patarghat, District-Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Satish Singh, Advocate For the State :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. As per prosecution case, on a tip off that some miscreants have assembled to commit offence, a raid was conducted and three miscreants were apprehended at the spot, with 300 ml illicit liquor, one desi katta and one live cartridge, who disclosed the name of this petitioner as one of the person who fled away.

4. It is submitted by learned counsel appearing on behalf of the petitioner that name of the petitioner has transpired in this case on the basis of disclosure made by other co-accused

Patna High Court CR. MISC. No.39689 of 2024(2) dt.15-07-2024 2/2 persons who were apprehended at the spot. No incriminating article has been recovered from the conscious possession of this petitioner. Petitioner has got two criminal antecedents in which he is already on bail.

5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (Excise) Saharsa, in connection with Saur Bazar (Patarghat OP) P.S. Case No. 51 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T