Shishupal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50106 of 2022 Arising Out of PS. Case No.-314 Year-2018 Thana- BARH District- Patna ====================================================== Shishupal Kumar Son of Gopal Prasad Singh R/o Sarvodaya Nagar Kali Mandir Road, Kumhrar, P.S.- Agamkuan, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Shahid Akhtar For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Barh P.S. Case No.314 of 2018, registered for the offences punishable under Sections 457, 380, 511, 337 and 34 of the Indian Penal Code as well as under Section 27 of the Arms Act. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that occurrence took place on 20.08.2018, but the FIR was lodged on 23.08.2018, after delay of three days without giving any explanation which creates a serious doubt on the veracity of the prosecution case. It is submitted that the

Patna High Court CR. MISC. No.50106 of 2022(2) dt.08-12-2022 2/2 petitioner is not named in the FIR. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner. It is lastly submitted that similarly situated co-accused persons have already been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 13.12.2021, passed in Cr. Misc. No.60218 of 2021. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Barh in connection with Barh P.S. Case No.314 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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