Harsh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37088 of 2020 Arising Out of PS. Case No.-20 Year-2020 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== HARSH KUMAR Son of Narsing Singh Resident of Village - Kanpura (Pipra), P.S.- Durgawati, Dist. - Kaimur at Bhabhua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Pratap Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Section 392/34 of the Indian Penal Code and 27 of the Arms Act.

Prosecution case in short is that while the informant was proceeding to his village by motorcycle, in the way, two unknown persons intercepted him and snatched the mobile, cash Rs. 25,000/- and some documents from the informant.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. There

Patna High Court CR. MISC. No.37088 of 2020(2) dt.14-07-2021 2/2 is no recovery of any looted articles from possession of the petitioner. The name of the petitioner has transpired in this case on the basis of disclosure made by co-accused Shivam Singh. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Ramgarh P.S. Case No. 20 of 2020subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T