Divyanshu Kumar @ Divayanshu Kumar @ Bholu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47007 of 2024 Arising Out of PS. Case No.-32 Year-2017 Thana- UNIVERSITY District- Muzaffarpur ====================================================== DIVYANSHU KUMAR @ DIVAYANSHU KUMAR @ BHOLU SON OF MUKESH KUMAR RAY VILLAGE- BHANGAHA, P.S.- CHANPATIYA, DISTT.- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bihar University P.S. Case No. 32 of 2017, registered for the offences punishable under Sections 25(1-B) A, 26, 35 of the Arms Act and 3/5 of the Explosive Substance Act as well as Sections 452, 386, 387 and 120(B) of the Indian Penal Code.

3. As per allegation, the students residing in Duke hostel and residing in PG-3 hostel attacked each other with some explosive substance, firearms, sticks etc.

4. Learned counsel for the petitioner has submitted that the FIR has been lodged in 2017 but the petitioner had left the hostel in the year 2015 on 29.07.2015 which is evident from the College Leaving Certificate. She has also submitted that for the same day occurrence University P.S. Case No. 31 of 2017 was also lodged in

Patna High Court CR. MISC. No.47007 of 2024(2) dt.23-07-2024 2/2 which the petitioner is on bail.

5. Considering the above-mentioned facts and circumstances, especially, the fact that the petitioner had left the College much earlier than filing of the FIR, let him, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Bihar University P.S. Case No. 32 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) Nirmal/- U T