Rikku @ D.K. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37831 of 2020 Arising Out of PS. Case No.-298 Year-2020 Thana- JAMUI District- Jamui ====================================================== RIKKU @ D.K. S/o Md. Jabbar @ Karu Miyan Resident of Khaira More Thana Chowk Jamui, P.S.- Jamui, District- Jamui. ... ... Petitioner.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Umesh Prasad, Advocate.

For the State :

Ms. Meena Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-07-2021 As prayed for, through Video Conferencing, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 21.12.2020, within four weeks of starting of the 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 Jamui P.S. Case No.298 of 2020 registered under Sections 399 and 402 of the Indian Penal Code besides Sections 25 (1-b) a (2), 26 and 35 of the Arms Act.

The accusation is that on receiving the secret information about gathering of five miscreants to commit the

Patna High Court CR. MISC. No.37831 of 2020(2) dt.06-07-2021 2/3 heinous crime in village-Indpay near the godown, the informant along with other police personnel reached there. On seeing the police party, all the five persons started to flee away. On chase, while three persons succeeded to flee away, two persons were apprehended, who disclosed there name as Shahbaz Mian and Roshan Ram and they also disclosed the name of three other persons including the petitioner, who succeeded to flee away. On search, Shahbaz Mian was found in possession of one loaded pistol with one live cartridge, whereas Roshan Ram was also found in possession of one loaded pistol and one live cartridge.

Learned counsel for the petitioner submits that the petitioner was not apprehended on the spot rather his name has been disclosed by the aforesaid two co-accused, who are said to be apprehended by the police. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui,

Patna High Court CR. MISC. No.37831 of 2020(2) dt.06-07-2021 3/3 in connection with Jamui P.S. Case No.298 of 2020, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T