Raben Yadav @ Ruben Yadav @ Raben Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57520 of 2024 Arising Out of PS. Case No.-34 Year-2024 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== Raben Yadav @ Ruben Yadav @ Raben Kumar SON OF Chedan Yadav Village- Shaini tola PS- Bakhtiyarpur, dist- saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shekhar Kumar Singh, Advocate For the Opposite Party/s :
Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-09-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Simri Bakhtiyarpur P.S. Case no. 34 of 2024, registered under sections 402 and 399 of the Indian Penal Code and sections 25(1B)(a), 26 and 35 of the Arms Act.
3. As per the prosecution case, on having received information about the accused persons having gathered and planning to give effect to an occurrence, a raid was conducted. While two accused persons were caught, others managed to
Patna High Court CR. MISC. No.57520 of 2024(2) dt.06-09-2024 2/3 escape. Co-accused Birju Kumar and Suman Kumar Babuan @ Suman Babun disclosed the names of the accused who had managed to escape and which included the petitioner herein. It is further stated that a country made loaded pistol, two live cartridges and stolen motorcycles were recovered from the accused who were caught.
4. Learned counsel for the petitioner submits that neither the petitioner was caught at the place of occurrence nor any incriminating article recovered from his possession. The only material against him is the statement of co-accused made before police. The petitioner has no criminal antecedent.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R, his not being arrested at the spot nor any incriminating article having been recovered from his possession and especially the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Simri Bakhtiyarpur P.S. Case no. 34 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
Patna High Court CR. MISC. No.57520 of 2024(2) dt.06-09-2024 3/3 two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa.
(Partha Sarthy, J) Harsh/- U T