Chanchal Kumar @ Chanchal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1979 of 2017 Arising Out of PS.Case No. -13 Year- 2016 Thana -RUPASPUR District- PATNA ======================================================

1. Chanchal Kumar @ Chanchal son of Sri Siya Ram Sharan resident of village - Parsa, Police Station - Naubatpur in the district of Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-01-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Rupaspur P.S. Case No. 13 of 2016 for the offences punishable under sections 25 (1-B) a and 26 (1) of the Arms Act.

Allegedly, after getting information that the dacoity was committed in Bank of Baroda, Customer Service Centre, Mahua Bag, the informant and other police personnel went there and after chase caught one of the miscreants, namely, Jitendra Pandey with firearm, mobile and cash of Rs. 40,840/- and he disclosed the names of his associates as Taushif Khan, Ajit Kumar and the petitioner.

Patna High Court Cr.Misc. No.1979 of 2017 (3) dt.28-01-2017 2/2 Submission is of false implication and that the confessional statement of a co-accused made before the police has got no evidentiary value in the eye of law, besides the confessional statement there is no material against the petitioner, the seizure list witnesses, namely, Santosh Kumar and Raj Kumar, vide paragaraphs- 7 and 8 of the case diary, have not stated the name of the petitioner and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. A.C.J.M. Danapur in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T