Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62640 of 2021 Arising Out of PS. Case No.-22 Year-2021 Thana- SONPUR RAIL P.S. District- Saran ====================================================== AMARJEET KUMAR S/O LAL BABU RAI @ BIGAN RAI R/o villageBhagwanpur, P.S.- Avatar Nagar, District- Saran at Chapra (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

It is a case of recovery of country made pistols, live cartridges and other illegal arms from the co-accused Santosh Kumar.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the name of the petitioner was disclosed by the confessional statement of apprehended co-accused Santosh Kumar which is not admissible in the eye of law. He further submits that no incriminating country made pistol and other

Patna High Court CR. MISC. No.62640 of 2021(3) dt.06-07-2022 2/2 illegal arms and ammunitions were recovered from the conscious or constructive possession of the petitioner and the petitioner has not been apprehended at the spot. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Rail Judicial Magistrate, Saran at Chapra in connection with Rail P.S. Case No. 22 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T