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Patna High CourtCR. MISC./45338/2023allowed

Rajan Sah @ Rajan Kumar Sah v. The State Of Bihar

2023-08-30Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45338 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- DUMARIAGHAT District- East Champaran ====================================================== Rajan Sah @ Rajan Kumar Sah S/O Chulhai Sah, R/o Village- Dumariya, P.SDumariyaghat, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Dumariyaghat P.S. Case No. 31 of 2023 registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25 (1-b)a, 26, 35 of the Arms Act.

3. As per prosecution case, on the basis of information, police reached at Dumariya Bajar, on seeing the police force four persons fled away on two motorcycles and one person namely Anuj Kumar Singh was apprehended on the spot who disclosed the name of the petitioner who fled away after seeing police party.

Patna High Court CR. MISC. No.45338 of 2023(2) dt.30-08-2023 2/2

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from possession of the petitioner. Except the confessional statement of co-accused Anuj Kumar Singh, there is no material against the petitioner. Petitioner has no criminal antecedent and he has falsely been implicated in this case.

5. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Dumariyaghat P.S. Case No. 31 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T