Uday Kumar Singh @ Mukesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56916 of 2021 Arising Out of PS. Case No.-359 Year-2020 Thana- JAHANABAD District- Jehanabad ====================================================== UDAY KUMAR SINGH @ MUKESH SINGH S/O UMESH SINGH R/o village- Jurabanpur Ragopur, P.S.- Jurabanpur, District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Jehanabad Nagar P.S. Case no. 359 of 2020 instituted for the offence under Sections 353, 307 of the Indian Penal Code and Section 25(1b)a, 26 and 27 of the Arms Act. As per allegation in the FIR, S.H.O. Jehanabad had saw that on the point of pistol, one persons was being looted on the road by 5-6 persons who were trying to snatch his bag. On seeing the police party, they started to escape but on chase one Rakesh Kumar @ Fauji was apprehended and from his possession several arms were recovered from his possession. He has disclosed the name of the petitioner as his associate.

It is submitted by learned counsel for the petitioenr that

Patna High Court CR. MISC. No.56916 of 2021(2) dt.06-07-2022 2/2 petitioner has been falsely been implicated in this case. Petitioner has no concern with the apprehended accused persons. The name of the petitioner has been disclosed in this case by apprehended accused person, which has got no evidentiary value in the eye of law. Except confessional statement of Rakesh Kumar @ Fauji, nothing has been attributed against the petitioner.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Jehanabad Nagar P.S. Case no. 359 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Jehanabad subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U