Patna High CourtCR. MISC./40176/2024bail granted

Tuntun Sipahi @ Amrendra Kumar v. The State Of Bihar

2024-06-25Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40176 of 2024 Arising Out of PS. Case No.-882 Year-2023 Thana- MANER District- Patna ====================================================== Tuntun Sipahi @ Amrendra Kumar S/o Rambabu Rai R/o Chaurashi, P.s.- Maner, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Maner P.S. Case No. 882 of 2023 registered for the offences punishable under Sections 379, 386, 120(B) of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act.

3. As per prosecution case, the allegation has been made against the co-accused persons including the petitioner of demanding extortion money for illegal excavation of sand on the strength of weapons. The police has arrested two accused persons with country made Katta, 10 live cartridges from the Khatal of the petitioner.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.40176 of 2024(2) dt.25-06-2024 2/3 petitioner is innocent and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is no any independent witness in the present case. The petitioner has one criminal antecedent in which he is on bail. The petitioner has no concern with the alleged occurrence or the seized articles.

5. Learned counsel for the petitioner further submits that the co-accused Ram Lal Rai @ Kariya @ Mukhiya @ Satya Kumar has been granted anticipatory bail by this Court vide order dated 17.05.2024 passed in Cr. Misc. No. 38138 of 2024.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner and the co-accused having been granted anticipatory bail by this Court, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where

Patna High Court CR. MISC. No.40176 of 2024(2) dt.25-06-2024 3/3 the case is pending/successor court in connection with Maner P.S. Case No. 882 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) rishi/- U T