Bhukhan Modi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37248 of 2020 Arising Out of PS. Case No.-37 Year-2019 Thana- JAMALPUR RAIL P.S. DistrictLakhisarai ====================================================== BHUKHAN MODI son of Brahamdev Modi Resident of village- Laxmipur, P.S.- Surajgarha, District- Lakhisarai.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-06-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 19.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with G.R.P. Jamalpur P.S. Case no. 37 of 2019, registered under Sections 399, 402 and 414 of the Indian Penal Code and Section 25(1-B)a, 26 and 35 of the Arms Act.

The accusation is that on receiving secret information about gathering of seven miscreants with weapons near the Dhanauri railway station, the informant along with other Police personnel reached there. On seeing the Police

Patna High Court CR. MISC. No.37248 of 2020(2) dt.30-06-2021 2/2 personnel, all started fleeing, but, on chase, one person was apprehended, who disclosed his name Subhash Sao, who was found in possession of one country made pistol and mobile set. On query, he disclosed the name of four persons, including the petitioner, who succeeded to flee away.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and his name has surfaced in the confessional statement of co-accused Subhash Sao as appears from the F.I.R.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Railway Magistrate, Kiul in connection with G.R.P Jamalpur P.S. Case No. 37 of 2019 (G.R. No. 79 of 2019), subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T