Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44894 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== SANJEET KUMAR SON OF RAM BABU MAHTO RESIDENT OF VILLAGE BARIYARPUR WEST, PS KHODAWANDPUR, DISTBEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Yadav, Adv.

For the Opposite Party/s :

Mr.Bharat Lal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 414 of the Indian Penal Code and Section 25(1-b)a, 26(1)/35 of Arms Act.

3. As per the FIR, there is serious allegation against the petitioner of keeping firearm and having stolen property. He fled away from the place of occurrence after seeing the police. The local people disclosed the name of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is false and fabricated. Petitioner was not present at the place of occurrence. The

Patna High Court CR. MISC. No.44894 of 2023(2) dt.23-08-2023 2/2 alleged motorcycle was also not present at the place of occurrence rather the real fact is that the police took the motorcycle from the house of accused petitioner to the police station. No any incriminating article has been recovered from the physical possession of the petitioner. Petitioner has one criminal antecedent not of similar nature that of the present case.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as nothing has been recovered from the physical possession of the petitioner, 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Khodawandpur P.S. Case No. 96 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T