Roky Kumar @ Rauki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48271 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- BIBHUTIPUR District- Samastipur ====================================================== Roky Kumar @ Rauki Kumar, Son of Shyam Sundar Das @ Shyam Sundar Sah Resident of Village - Karrakh, P.S.- Bibhutipur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Bibhutipur P.S. Case No.37 of 2019 for the offence punishable under Sections 341, 353, 414, 504, 506/34 of the Indian Penal Code and Section 28 of Arms Act.

The allegation against the petitioner as per the FIR is that petitioner and others used to intercept and threaten the people with the help of toy pistol, riding on a motorcycle. The police upon information caught three persons and on inquiry the arrested persons confessed that with the help of lighter gun, they used to threaten the passerby and used to loot them. Name of the petitioner has been disclosed by the arrested co-accused persons. Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and falsely been implicated at the behest of arrested co-accused persons. He further submits that toy

Patna High Court CR. MISC. No.48271 of 2019(2) dt.05-08-2019 2/2 pistol has been recovered from the bushes and not from the possession of the petitioner.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that the petitioner has got no criminal antecedent and there is no recovery of any pistol from the possession of the petitioner and there is also no recovery for any incriminating material from the possession of the petitioner, as such, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Rosera, Samastipur, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T