Madhukant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51307 of 2022 Arising Out of PS. Case No.-255 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== Madhukant Kumar, Son of Vigan Singh, Resident of Village- Mathura Tole Chak, P.S.- Bidupur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Bidupur P.S. Case No. 255 of 2020 registered for the offences punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

As per the prosecution case, some miscreants were hatching conspiracy of looting Bandhan Bank and also a businessman of Mahnar but the police arrested two persons,

Patna High Court CR. MISC. No.51307 of 2022(2) dt.10-01-2023 2/3 namely, Priyanshu Kumar with a pistol and Raushan Kumar with a live bullet. The petitioner fled away from the spot. The name of the petitioner has transpired in this case on the basis of disclosure of the apprehended co-accused namely, Priyanshu Kumar.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. He has further submitted that the name of the petitioner has transpired in this case on the statement of coaccused namely, Priyanshu Kumar who was arrested by the police. Nothing incriminating article has been recovered from the possession of the petitioner. Learned counsel has further submitted that the co-accused person namely, Rahul Kumar has been granted bail by a Coordinate Bench vide order dated 24.03.2022 passed in Cr. Misc. No. 2021. The petitioner has got clean antecedent as stated in para 3 of the bail petition. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.51307 of 2022(2) dt.10-01-2023 3/3 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 255 of 2020, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T