Patna High CourtCR. MISC./53771/2023bail granted

Saurav Verma v. The State Of Bihar

2023-08-23Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53771 of 2023 Arising Out of PS. Case No.-385 Year-2018 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Saurav Verma S/O Anju Verma @ Anjay Prasad Verma, R/O VillageKatarisarai, Ps. Katarisarai, Dist. Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Ehteshamuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Laheri P.S. Case No. 385 of 2018 dated 18.11.2018 instituted for the offence punishable under Sections 420, 419, 467, 468/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on 18.11.2018, on receiving information that some persons are cheating the innocent people and indulge in selling spurious medicine, the informant along with his team proceeded to the place of occurrence and apprehended one accused persons while other persons including petitioner managed to escape away. Four register, one rubber stamp, addressed envelopes, three mobile phones, list of name and address and receipt of parcel

Patna High Court CR. MISC. No.53771 of 2023(2) dt.23-08-2023 2/3 orders have been recovered from the apprehended person.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner has been named in the First Information report only on the basis of disclosure made by the apprehended accused, namely, Mukesh Kumar. Learned counsel for the petitioner submits that petitioner has neither apprehended from the spot nor anything has been recovered from the possession of the petitioner or from his house. Learned counsel for the petitioner further submits that alleged articles have been recovered from the possession of apprehended accused Mukesh Kumar. Learned counsel for the petitioner submits that except confession of co-accused Mukesh Kumar, there is no positive evidence against the petitioner. Lastly, it has been submitted that petitioner has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Laheri P.S. Case No. 385 of 2018, he shall be released on anticipatory bail upon

Patna High Court CR. MISC. No.53771 of 2023(2) dt.23-08-2023 3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda, Biharsharif subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U