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Patna High CourtCR. MISC./49678/2023allowed

Sandeep Kumar v. The State Of Bihar

2023-08-11Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49678 of 2023 Arising Out of PS. Case No.-191 Year-2023 Thana- GURUA District- Gaya ====================================================== Sandeep Kumar, S/O Narendra Das, Resident of Village- Bara, P.S. Gurua, District Gaya ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Gurua P.S. Case No. 191 of 2023 registered for the offence punishable under Sections 420, 467, 414 / 34 of the Indian Penal Code.

3. As per the prosecution case, in course of vehicle checking, two boys sitting on a motorcycle, seeing the police party, one person fled away and one person was arrested. The arrested person disclosed the name of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The recovered motorcycle is not of the petitioner and the petitioner was not riding with the co-accused on the alleged

Patna High Court CR. MISC. No.49678 of 2023(2) dt.11-08-2023 2/2 motorcycle. The petitioner is a student having one criminal antecedent under Bihar Prohibition and Excise Act in which he is on bail. He further submits that there is no recovery from the petitioner and there is no material against the petitioner.

5. Learned A.P.P. opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the above named petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sherghati (Gaya) in connection with Gurua P.S. Case No. 191 of 2023 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

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