Amit Kumar @ Amit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64362 of 2021 Arising Out of PS. Case No.-220 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

AMIT KUMAR @ AMIT KUMAR SINGH Son of Shatrughan Singh Resident of Village- Lautan, P.S.- Minapur, District- Muzaffarpur. 2.

Chhotu Singh @ Awanish Kumar Singh S/o Nand Kishore Singh Resident of Village - Lautan,P.S.- Minapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Minapur P.S. Case no. 220 of 2020 instituted for the offence under Sections 399, 402 of the Indian Penal Code, Sections 25(1-b) (a), 26, 35 of the Arms Act and Section 20/22 of the N.D.P.S. Act.

As per allegation in the FIR, some antisocial persons gathered for hatching a conspiracy but on getting secret information, patrolling party proceeded there. On seeing the police party, they managed to escape but one co-accused

Patna High Court CR. MISC. No.64362 of 2021(2) dt.13-07-2022 2/3 Nawneet Kumar Singh was apprehended, who disclosed the name of the petitioners as his associate. On search, some arms and 500 grams of Charas were recovered from his possession. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. The name of the petitioners has been disclosed in this case by the apprehended co-accused Navneet Kumar Singh, which has got no evidentiary value in the eye of law. Neither the petitioners were arrested nor any incriminating article has been recovered from their possession. Similarly situated coaccused person has already been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 7.1.2022 passed in Cr. Misc. No. 18736 of 2021.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Minapur P.S. Case no. 220 of 2020, they will be enlarged on bail on furnishing bail bond of

Patna High Court CR. MISC. No.64362 of 2021(2) dt.13-07-2022 3/3 Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned ADJ-V, Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U